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(영문) 울산지방법원 2016.01.22 2015노824
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (six months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. The crime of this case is deemed to obstruct the performance of official duties by avoiding disturbance for about 10 minutes, such as assaulting a police officer without any reason, and thus, the liability for such crime is not weak. In order to establish a national legal order and eradicate a light of public authority, etc., the crime of this case is disadvantageous to the defendant, or there is no history of punishment exceeding the same criminal record and fine, and there is no family member to support the defendant, and other various sentencing conditions shown in the argument of this case, such as the defendant's age, sex, family environment, motive and circumstance of the crime, means and consequence of the crime, and the result of the application of sentencing guidelines of the Supreme Court sentencing committee, etc., it is not recognized that the punishment imposed by the court below is unfair because the punishment is too uneasible.

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 appeal is without merit. It is so decided as per Disposition.

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