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(영문) 울산지방법원 2015.01.23 2014노763
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty of eight million won (a fine of eight million won) is deemed to be too unhued and unfair.

2. Although the judgment of the court below committed the instant crime during the period of suspension of execution, there are many disadvantageous circumstances, such as the fact that the Defendant committed the instant crime during the period of suspension of execution, the Defendant’s mistake is against the Defendant while recognizing all the instant crimes, the Defendant’s assault was committed once, and the victim expressed his intent not to be punished, and the Defendant’s age, character and behavior, living environment, motive, means and consequence of the instant crime, and all other circumstances that form the conditions for sentencing, such as the circumstances after the commission of the crime, cannot be deemed unfair.

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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