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(영문) 울산지방법원 2013.11.29 2013노822
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall circumstances of the instant case, the sentence imposed by the lower court (a.e., a fine of KRW 1.5 million) is too uneased and unreasonable.

2. Although the crime of this case is a crime that undermines the function of the State by nullifyinging the legitimate exercise of public authority and requires strict punishment, considering the following factors: (a) the Defendant appears to have committed the crime of this case in kind under the influence of alcohol and the degree of assault is relatively heavy; (b) the Defendant is a primary offender; and (c) the Defendant reflects his mistake; and (d) other conditions of sentencing, 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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