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(영문) 광주고등법원 2017.05.11 2016노500

특수공무집행방해치상

Text

The prosecutor's appeal is dismissed.

Reasons

1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the prosecutor’s unfair assertion of sentencing, and the lower court’s sentencing 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). This court did not submit new materials for sentencing, and there is no particular change in the conditions of sentencing compared to the lower court.

In addition, in full view of the sentencing conditions and arguments, including the fact that the defendant was fully aware of the crime, the injured party was not punished against the defendant by unanimous agreement with the victim, and there was no record of criminal punishment, the court below's punishment against the defendant exceeded the reasonable scope of discretion because it was excessively unfeled, and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

We do not accept the prosecutor's argument that the sentencing of the court below is unfair.

2. The appeal by the conclusion prosecutor is dismissed for reasons.