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(영문) 울산지방법원 2013.11.22 2013노787
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall circumstances of the instant case, the sentence imposed by the lower court on the Defendant (a fine of KRW 10 million) is too uneasible and unreasonable.

2. Determination of the instant crime of obstruction of performance of official duties is an offense that undermines the State’s function by nullifying a legitimate exercise of public authority, and there exists a need to strictly punish the Defendant, and there was a record of punishment several times due to the Defendant’s obstruction of performance of official duties, violation of the Punishment of Violences, etc. Act, and each of the instant crimes committed during the grace period after being sentenced to the imprisonment of two years for a violation of the Road Traffic Act on January 9, 2013 and the Road Traffic Act (non-licensed driving). However, there are unfavorable circumstances such as the Defendant committed each of the instant crimes during the grace period. However, the degree of assault committed by the Defendant to police officers is relatively not more serious, and the victim of the instant crime of violation of the Aggravated Punishment, etc. of Specific Crimes Act (Driver Violence, etc.) is not subject to punishment against the Defendant. Considering the overall sentencing conditions such as the Defendant’s age, character and behavior, environment, and circumstances after the crime, the 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 as it is without merit. It is so decided as per Disposition.

(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the "application of the law" of the judgment of the court below ex officio shall be corrected to add it, since it is apparent that the "paragraph (1) has been omitted by mistake" following the "Article 136 of the Criminal Act" in Part 7 of the judgment of the court below,

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