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(영문) 울산지방법원 2015.10.16 2015노835
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The crime of this case, without any reason, prevents the performance of official duties by assaulting a police officer without any reason, and the liability for the crime is not less severe, and the establishment of the national legal order and the establishment of the public authority to eradicate the light of the public authority, etc., are disadvantageous to the defendant, or there is no history of punishment exceeding the same criminal record and fine, and there is no family member to support the crime, and other various sentencing conditions as shown in the argument of this case, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, etc., it is not recognized that the punishment imposed by the court below is too unreasonable.

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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