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(영문) 울산지방법원 2017.11.09 2017노1217
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Circumstances unfavorable to the judgment on the grounds of appeal: The crime of this case is not likely to be committed in terms of motive and method.

The favorable circumstances: The degree of damage caused by the instant crime is not significant.

There is no same power on the accused, and there is only one kind of fine (200,000 won, confiscation) due to a violation of the Public Sanitation Act before about 30 years.

The sentencing guidelines shall not apply to the case where the defendant's age, character and character environment, relationship with the victimized police officers, motive means of crime, and circumstances after the crime were committed, including the above unfavorable circumstances, favorable circumstances, and the decision of the court below as shown in the present case's arguments and the records.

Considering B, it is not recognized that the sentence imposed by the court below is too unhued and unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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