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(영문) 수원지방법원 2018.07.23 2017노7672

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, one year of suspended execution, and one hundred thousand won of fine) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. In light of the Defendant’s form of action, degree of damage, and the fact that there was no record of criminal punishment exceeding a fine even though the Defendant was sentenced to a fine on three occasions due to the same or similar crime, and other various sentencing conditions as shown in the Defendant’s age, sex, environment, motive and circumstance of the crime, method and consequence of the crime, such as the crime, circumstances after the crime, etc., the lower court’s punishment is deemed reasonable and unreasonable.

The prosecutor's improper argument in sentencing is without merit.

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