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(영문) 대전지방법원 2017.01.12 2016노2498

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (unfair sentencing) is that the lower court’s sentence (2 million won in penalty) against the Defendant is too uneased and unreasonable.

2. In full view of the circumstances that are not good to the nature of the instant crime, or the fact that the Defendant is against the Defendant’s confession of the instant crime, the Defendant has no record of punishment for the same criminal record, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., the Defendant’s punishment against the Defendant is too unfeasible and unfair, and thus, the Prosecutor’s improper assertion of sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

참조조문