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(영문) 울산지방법원 2017.07.07 2017노321
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. In full view of all the circumstances favorable to the defendant, including the following: (a) the defendant was punished at a restaurant by a police officer on the left side of the police officer who was dispatched after being reported with other customers on five occasions; and (b) the defendant has no record of criminal punishment exceeding the same kind of crime or fine; (c) the defendant did not have any record of criminal punishment; and (d) the defendant shows an attitude to recognize and reflect his/her mistake; and (e) other circumstances favorable to the defendant, such as the defendant’s age, sex, sex, environment, family relationship, motive and circumstance of the crime, etc., the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the defendant is too unfeasible.

Therefore, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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