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(영문) 울산지방법원 2016.01.22 2015노1317
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 (amounting to KRW 3,00,000) is too unhued and unreasonable.

2. The Defendant’s crime of this case committed by assaulting two police officers without any reason to obstruct the performance of official duties, and the liability for such crime is not weak, and in order to establish the state’s legal order and eradicate the light of the public authority, etc., the Defendant’s act of obstructing the performance of official duties needs to be punished strictly. However, the Defendant’s confessions and reflects his criminal act, the degree of the type of crime committed and used contingently is not severe, the Defendant’s age, sexual behavior, home environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances before and after the crime, etc. do not recognize that the sentence imposed by the lower court is unfair as it 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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