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(영문) 광주지방법원 2019.06.20 2018노3368

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. Considering that the nature of the instant crime is not good, strict punishment against the Defendant is necessary.

However, considering the fact that the defendant has divided his mistake, that there is no criminal conviction for the defendant, balance in sentencing with the same kind of crime, and other conditions of sentencing as shown in the argument of this case, such as the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc., the prosecutor's assertion is without merit, since it is not recognized that the sentence of the court below is too uneasible and unfair.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.