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(영문) 울산지방법원 2014.02.19 2013노1067
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case, the punishment imposed by the court below (two years of imprisonment) is too unreasonable.

2. Determination of the facts that the amount of damage to each of the instant fraudulent acts was not much high, the victim D and I did not want the punishment against the defendant, and the defendant reflects his wrongness through confinement life. However, the crime of obstruction of performance of official duties of this case is a crime which has been detrimental to the State's function by nullifying the legitimate exercise of public authority, and there is a need to strictly punish the crime. The defendant did not receive suspicion from the victims other than the above victims, and the defendant did not have been punished more than 30 times due to the crime of obstruction of performance of official duties, etc. on May 27, 201, and again committed each of the instant criminal acts during the period of repeated crime after the execution of the punishment was sentenced to imprisonment of 1 year and 6 months for obstruction of performance of official duties, etc. on May 27, 2011 and again committed each of the instant criminal acts during the period of repeated crime after the execution of the punishment, and considering the overall sentencing conditions such as the defendant's age, character and behavior, environment, circumstances after the crime, etc.

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.

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