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(영문) 울산지방법원 2016.07.21 2016노614
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case is deemed to obstruct a police officer from performing official duties by exercising violence against a police officer called out after receiving a report on a disturbance in the house under the influence of alcohol, and thus, the nature of the crime is not weak in light of the contents and circumstances of the crime.

However, in full view of the following: (a) the Defendant recognized the Defendant’s mistake and reflects the Defendant; (b) the degree of the type of the Defendant’s exercise is relatively excessive; (c) the Defendant has no criminal record; and (d) other conditions of sentencing indicated in the records and pleadings, such as the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the sentence imposed by the lower court cannot be deemed as being too un

Therefore, prosecutor's assertion is without merit.

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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