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(영문) 서울동부지방법원 2019.10.17 2019노908

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal (e.g., a fine of three million won) by the lower court against the Defendant is too uneased and unreasonable.

2. Comprehensively taking account of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by fully considering all the circumstances, including the form of the instant crime, the degree of damage, the Defendant’s criminal records, etc., and there are no special circumstances to ex post facto change the sentencing. Therefore, the Prosecutor’s assertion of unfair 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 ground that it is without merit.