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(영문) 울산지방법원 2016.08.11 2016노710
공무집행방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to the punishment (two million won each fine) is deemed to be too unhutiled and unfair.

2. In light of the contents and circumstances of the crime, etc., even though the nature of the crime is not weak in light of the contents and circumstances of the crime, the punishment imposed by the court below on the Defendants cannot be deemed unfair because it is too unreasonable in light of the following: (a) the Defendants recognized their mistakes and reflects the Defendants; (b) the degree of tangible force exercised by the Defendants is relatively excessive; (c) the Defendants did not have any criminal record of the same kind and suspended execution or more; and (d) the Defendants did not have any criminal record of the same kind and suspended execution

Therefore, prosecutor's assertion is without merit.

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

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