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(영문) 울산지방법원 2016.07.07 2015노1386

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. In light of the substance and circumstances of the instant crime, etc., the punishment imposed by the lower court is too uneasy and unreasonable, in full view of the following: (a) although the nature of the instant crime is not light in light of the substance and circumstances of the instant crime; (b) the Defendant recognized the Defendant’s mistake and reflects the Defendant; (c) the degree of the type of the Defendant’s exercise was relatively heavy; and (d) there was no criminal conviction or heavier than that of the Defendant; and (c) other factors of sentencing as indicated in the record and arguments, including the

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.