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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 울산지방법원 2013.11.22 2013노783
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall circumstances of this case, the sentence imposed by the court below (such as a fine of 2.5 million won, etc.) is too unhued and unreasonable.

2. The crime of this case is a crime that undermines the function of the State by nullifyinging the legitimate exercise of public authority, and there is a need to strictly punish the defendant, and the defendant has been subject to five times punishment due to the violation of the Punishment of Violences, etc. Act, obstruction of performance of official duties, etc. (one time a suspended sentence of punishment, four times a fine). However, the degree of the assault of this case is relatively minor, the defendant has no penalty power after being punished on October 21, 1996, the defendant has no penalty power, the defendant reflects his mistake, and considering all kinds of sentencing conditions such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., the prosecutor's assertion is without merit.

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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