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(영문) 울산지방법원 2017.10.12 2017노774
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

The degree of assault used by the defendant is relatively heavy.

At the investigation stage, the Defendant paid the drinking value, which was the basis of the instant crime, to the main business owner.

The defendant's mother, Vietnam's wife, and workplace club fee, etc. wanted to be the defendant's wife.

D. Unfavorable circumstances: The crime of this case is committed by the defendant on one hand at the left side of the police officer's hand, and the crime of this case is poor.

On November 17, 2016, the Defendant was sentenced to one year of suspended sentence for six months on the grounds of interference with the execution of official duties, and the judgment became final and conclusive on November 25, 2016, and committed the instant crime without being aware of the fact that it was under suspended execution.

The defendant has been punished four times by a fine due to damage to public goods, interference with business, and violence.

In light of the aforementioned favorable circumstances, the Defendant’s age, character and behavior environment, motive and consequence of the crime, the circumstances after the crime, etc., as well as the various sentencing conditions indicated in the arguments and records of this case, and the scope of the recommended punishment according to the sentencing guidelines (the type of imprisonment from June to one year and six months / [the type of imprisonment] as a crime interfering with the performance of official duties, there is no person who has any special sentencing [the scope of recommended punishment] [the scope of recommended punishment] basic area (the scope of imprisonment with prison labor from June to June) (the scope of one year and six months), and it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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