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(영문) 울산지방법원 2013.09.27 2013노479
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. According to the records on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on May 30, 2013, but was notified of the notification of the receipt of the trial record by the court on June 20, 2013, the Defendant did not submit the statement of grounds for appeal within 20 days, which is the submission period for the statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act. The petition of appeal does not include the grounds for appeal, nor does the grounds for ex officio

2. As to the prosecutor’s appeal

A. In light of the overall circumstances of the instant case, the sentence imposed by the lower court (a fine of eight million won, etc.) is too uneasy and unreasonable.

B. Although the instant obstruction of performance of official duties in light of the following circumstances: (a) the instant crime of obstruction of performance of official duties is an offense detrimental to the State’s function by nullifying a legitimate exercise of public authority; (b) there is a need to strictly punish such offense; and (c) the Defendant did not receive a letter from the victim F, J, or L; (b) however, in full view of the fact that the Defendant agreed with the victim C at the lower court that the Defendant did not have any capacity to suspend qualifications or more; and (c) the Defendant’s age, character and conduct, environment, and circumstances after the crime

3. In conclusion, the defendant's appeal shall be dismissed by decision under Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is ruled as above, the defendant's appeal shall also be dismissed by decision. Since the prosecutor's appeal is groundless, it shall be dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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