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(영문) 울산지방법원 2017.09.01 2017노762
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (6 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The crime of this case is determined by the following facts: (a) the Defendant, upon receiving a report from 112, performed a 112-top breath by a police officer, and breathing him/her at the breast’s breast; and (b) the Defendant’s act

However, in full view of the circumstances favorable to the defendant, such as the circumstances favorable to the defendant, such as the defendant's age, motive and background of the crime, means and consequence of the crime, and other various circumstances that are conditions for sentencing as shown in pleadings, such as the circumstance after the crime, it is difficult to view that the court below's punishment is unfair because it is excessively unfasible and unreasonable.

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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