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(영문) 울산지방법원 2017.05.18 2016노1721
위계공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in the month of imprisonment with prison labor) is too unhued and unfair.

2. Circumstances unfavorable to the judgment on the grounds of appeal: The nature of the instant crime is poor.

The favorable circumstances: The defendant's history of criminal punishment at the time of committing the crime of this case is only one time of fine.

Considering the above unfavorable circumstances, the Defendant’s age, character and character environment, the motive and consequence of the crime, and the circumstances after the crime, etc., as well as the overall sentencing conditions indicated in the present arguments and records, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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