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(영문) 울산지방법원 2015.08.28 2015노465
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: each of the lower court’s punishment (a fine of three million won) is deemed to be too unhued and unfair.

2. In light of the fact that the Defendants are unable to perform official duties by exercising violence against police officers dispatched to their own disturbance, and that there is a need to strictly punish the crimes of obstruction of the performance of official duties in order to establish the state’s legal order and eradicate the light of public authority, the responsibility for such crimes is not easy.

However, considering favorable circumstances, such as the fact that the Defendants recognized all of the instant crimes, the fact that there is no past conviction or heavier punishment for each of the same crimes, and the fact that each of the assault is not serious, the Defendants’ age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and other various sentencing factors indicated in the record, such as the circumstances after the crime, are deemed unreasonable. Therefore, the prosecutor’s above 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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