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(영문) 대전지방법원 2016.10.20 2016노1750

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court against the Defendant is too uneased and unreasonable.

2. In full view of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant agreed with the victim C only; (c) the Defendant did not have any history of punishment for the same criminal record; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (b) other factors of sentencing stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, it cannot be deemed that the Defendant’s sentence against the Defendant is un

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

(However) However, the application of the law of the lower court is obvious that the term “each decision of imprisonment” in the third place is a clerical error in the “each decision of fine”, and thus, it is decided to revise it ex officio in accordance with Article 25(1) of