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(영문) 울산지방법원 2014.01.17 2013노929
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts found Defendant 1 guilty of the facts charged in this case even though the F, who is a police officer, did not leave the police officer, issued a warning that he could be punished if he would not leave the police officer, and only expressed his chests through several times, and did not threaten F or assault it. The lower court erred by misunderstanding of facts, which affected the conclusion of the judgment.

(2) In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court on the Defendant (such as a fine of three million won) is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too unfasible and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court rejected the Defendant’s assertion on the same grounds as the grounds for appeal in this case, on the grounds of various circumstances as indicated in its reasoning. If the lower court’s aforementioned judgment is examined closely by comparing the aforementioned judgment with records, the lower court’s judgment that found the Defendant guilty of the facts charged in this case is just, and it does not seem that there was an error of misconception of facts as alleged by the Defendant, and therefore, the Defendant’s assertion is without

B. As to the assertion of unfair sentencing by both parties, the instant crime is an offense that undermines the function of the State by nullifying the legitimate exercise of public authority, and there is a need to strictly punish the instant crime, and the Defendant appears to have committed the instant crime in contingency under the influence of alcohol, and the degree of assault is relatively heavy. In full view of the favorable circumstances, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., such as the Defendant’s age, character and behavior, and the Defendant’s failure to reflect his/her mistake, and the degree

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