beta
(영문) 서울중앙지방법원 2016.11.25 2016노3567

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) sentenced by the first instance court is too unfased and unreasonable;

2. In the instant case where there is no change in the sentencing conditions that can be considered specifically for the time when the appellate court rendered a judgment, taking into account the various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, it is difficult to deem that the sentence imposed by the first instance court is too unreasonable because it goes beyond the scope of the sentencing discretion.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

3. Conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.