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(영문) 울산지방법원 2015.06.19 2015노295

위계공무집행방해

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of the case by the defendant, the punishment imposed by the court below (ten months of imprisonment and two years of suspended execution) is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too uneasible and unreasonable.

2. We examine the grounds for appeal by the defendant and the prosecutor.

The crime of this case is disadvantageous to the Defendant, who is the owner of land allotted by the authorities in recompense for development outlay owned by C, prepared and delivered false documents as if the Defendant were the owner of the land allotted by the authorities in recompense for development outlay, and obtained a building permit through the above documents, and the nature of the crime

However, it is more favorable for the defendant to recognize the crime of this case and reflect his mistake, and the defendant has no record of being punished for the same crime, and there is no criminal record of suspension of execution or more.

In full view of all the circumstances that are favorable to the above unfavorable circumstances and the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, equity with the sentence finalized in the same and similar cases, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s above assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit.