공무집행방해등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) dismissed the prosecution against the Defendant on the charge of assaulting the Defendant among the facts charged, and convicted the Defendant of obstructing the performance of official duties.
Although the prosecutor stated the scope of appeal in the petition of appeal as "in whole", it is clear that the appeal is lodged for the reason of unfair sentencing as to the guilty part of the judgment below. As such, the dismissal part of the judgment of the court below became final and conclusive as the defendant and the prosecutor did not appeal, and was excluded from the scope of the judgment
The punishment sentenced by the court below (3 million won) is too unhued and unfair.
2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and considering the factors revealed in the arguments in the instant case, the lower court’s sentencing was too unfluent and so, exceeded the reasonable scope of discretion.
It does not appear.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.