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(영문) 울산지방법원 2017.02.03 2016노1847
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. In order to eradicate the danger of public authority and establish a state law and order, there is a need to strictly punish a crime that obstructs the performance of official duties. The crime of this case is committed by a police officer who was called upon having been reported to the cab by the defendant on board the si and was in order to notify the sibly in light of the circumstances and contents of the crime. However, it is unfavorable to the defendant, or it is against the defendant's recognition of the crime of this case, and it seems that the defendant caused the crime of this case by drinking, and there is no record of punishment or change of circumstances that may be newly considered in sentencing after the decision of the court below was made, and there is no other reason or circumstance that the defendant's age, sex, environment, motive and circumstance of the crime, method and result of the crime, etc., and there is no reason for the court below's assertion that the above punishment is too unfair, considering the following factors in the trial process.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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