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(영문) 울산지방법원 2013.10.02 2013노667

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the overall circumstances of the instant case, the sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

(2) On October 8, 2010, the Defendant and his defense counsel had been punished several times due to the violation of the Punishment of Violences, etc. Act, obstruction of performance of official duties, and the crime of injury on the first day of the trial of the court. 2. The Defendant committed each of the crimes of this case by contingency while under the influence of alcohol. The degree of damage caused by the Defendant’s violation of the Punishment of Violences, etc. Act (collectively weapons, etc., destruction of property, etc.), and the Defendant deposited 300,000 won for E at the court below, and the above victim wanted to take advantage of the above victim’s consent. However, the Defendant had been punished several times due to the violation of the Punishment of Violences, etc. Act, obstruction of performance of official duties, and the crime of destruction of property. The Defendant again committed each of the crimes of this case during the repeated period after having been sentenced six months of imprisonment with prison labor due to the obstruction of execution, and the Defendant’s age, character and conduct, motive, and circumstances leading up to the Defendant’s punishment.

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