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(영문) 울산지방법원 2017.04.28 2016노2236
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The instant crime committed by the Defendant, upon receiving a report 112, prevents the performance of official duties by assaulting a part of the police officer dispatched by the Defendant. Considering the fact that there is a need to strictly punish the Defendant for an offense obstructing the performance of official duties in order to establish the State’s legal order and eradicate the light of the public authority, the Defendant’s liability for the offense is light.

Although it is not possible to see that the defendant recognized a crime, the defendant seems to have reached contingent crimes under the influence of alcohol, and the defendant has no record of criminal punishment other than that sentenced to a fine 11 year prior to being sentenced to a fine, in full view of various sentencing factors in pleadings, such as the defendant's age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the prosecutor's assertion is without merit, since the defendant's punishment imposed by the court below is too uneasible and unfair.

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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