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(영문) 울산지방법원 2013.11.15 2013노698
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below on the defendant (three million won of fine) is too uneased and unreasonable.

2. Although the instant obstruction of performance of official duties in light of the following: (a) the Defendant appears to have committed each of the instant crimes under the influence of alcohol; (b) the Defendant deposited KRW 200,000 for the police officer of the instant crime of obstruction of performance of official duties; (c) the Defendant has no criminal power to suspend qualification or more; (d) the Defendant reflects his mistake; and (e) other factors of sentencing, such as the Defendant’s age, character, conduct, environment, and circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be unreasonable, on the ground that the sentence imposed by the Defendant is uneasible. Therefore, 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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