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(영문) 울산지방법원 2016.10.06 2016노711
위계공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment and two years of suspended execution) of the lower court is too minor or unreasonable;

2. The crime of this case is likely to be criticized in light of the purpose and means of crime, as the defendant of Chinese nationality interferes with the fair test management by using unlawful means in the national technical qualification examination for the purpose of acquiring the long-term stay status in Korea.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the Defendant has no criminal history in Korea except the instant crimes; and (c) the Defendant’s payment of money to obtain the qualification certificate and does not seem to have led to the instant crimes; and (d) other circumstances that form the conditions for the instant sentencing in the course of trial and records, such as the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crimes, and the circumstances before and after the instant crimes, etc., the lower court’s sentence is too weak or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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