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(영문) 울산지방법원 2019.03.29 2018노1262
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The instant crime is deemed to have been committed by the Defendant as contingent, and the fact that the Defendant committed a crime against the wrongness while committing the crime, and that the Defendant’s health status is not good is favorable to the Defendant.

On the other hand, however, the obstruction of performance of official duties needs to be strictly punished for committing a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and the Defendant has a majority of criminal records such as violence and injury, including the same criminal records, but the Defendant committed the instant crime during the period of repeated crime due to such criminal records, and did not reach an agreement with the victimized police officer, etc. taking into account the circumstances unfavorable to the Defendant, and taking account of the Defendant’s age, character, character and behavior, and environment, the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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