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(영문) 울산지방법원 2013.10.11 2013노662
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the sentence imposed by the court below (one year and six months of imprisonment, three years of suspended execution, etc.) is too unfasible and unfair.

2. The special obstruction of performance of official duties of this case is an offense that undermines the function of the State by nullifying a legitimate exercise of public authority, and there is a need to strictly punish such an offense. The defendant has the history of serving several times as a crime of damaging public goods, etc., and the defendant committed each of the crimes of this case again despite having received a decision to transfer a home protection case due to a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.), but there is no significant damage caused by the destruction of this case. However, considering the overall sentencing conditions, such as the defendant’s age, character and conduct, environment, and circumstances after the crime, etc., comprehensively taking account of the following factors: (a) the damage caused by the destruction of this case’s crime of this case’s

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.

(However) In accordance with Article 25(1) of the Rules on Criminal Procedure, the term "the application of the law" in the judgment of the court below ex officio shall be as follows: "the selection of punishment" in Part 3 of the judgment of the court below; "the choice of imprisonment" in Part 6 of the judgment of the court below; "Article 144(1) and Article 136(1) of the Criminal Act" in Part 3 of the judgment of the court below; and "Article 40 and Article 50 of the Criminal Act" in Part 5 of the judgment of the court of the court below (Article 144(1) and Article 50 of the Criminal Act (Article 144(1) of the Criminal Act; Article 36(1) of the judgment of the court of the court below shall be corrected as follows:

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