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(영문) 울산지방법원 2020.07.24 2020노362
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.

2. In order to establish a national order in determining the grounds for appeal and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties, and that the circumstances, attitudes, and consequences of the instant crime are not good is disadvantageous to the Defendant.

On the other hand, the fact that the defendant does not repeat again while against his mistake, that the defendant has no specific criminal power, that the defendant has committed the crime of this case contingently, and that it is favorable to the defendant that the defendant is not a planned crime.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unjustifiable.

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 ground that it is without merit. It is so decided as per Disposition.

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