(영문) 서울중앙지방법원 2019.05.17 2018노3042



The prosecutor's appeal is dismissed.


The summary of the grounds for appeal (e.g., e., e., 5 million won) of the lower court is too unfluent and unfair.


There are several records that the defendant has received juvenile protective disposition on several occasions.

Even in order to establish a national legal order and eradicate the state of public authority, it is necessary to strictly punish a crime against public authority, and the victim has not been recovered from damage.

However, the accused is against all the confessions of crimes, and there is no record of punishment other than juvenile protective disposition.

The defendant is running the clothing wholesale business and the social relationship is clear when considering the family relationship.

In full view of other circumstances, which are the conditions for sentencing as shown in records and pleadings, the lower court’s punishment is deemed unreasonable as it is too unfasible.

The prosecutor's assertion is without merit.

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.