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(영문) 울산지방법원 2015.08.07 2015노667
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment) of the lower court is deemed to be too unhued and unreasonable.

2. In light of the fact that the Defendant committed the instant crime during a repeated crime period of not more than five months after the execution of imprisonment with prison labor by impairing the utility of the electronic device and obstructing the performance of official duties, as well as assaulting a probation officer who took over a soldier due to interference with his/her duties, thereby obstructing the performance of official duties and damaging public goods under detention for the suspicion that he/she inflicted injury on the victim, the nature of such crime is inadequate.

However, considering the favorable circumstances in which the Defendant recognized all of the instant crimes and reflected, the following factors are considered. In full view of the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and various sentencing factors indicated in the record, such as the circumstances after the crime, etc., the Prosecutor’s aforementioned assertion is without merit, given that the sentence of the lower court is too unreasonable.

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

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