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(영문) 서울중앙지방법원 2020.08.14 2019노3803

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below is too unhued.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

The judgment below

No new circumstances or special changes do not appear to be reflected in the sentencing after the sentence was sentenced, and further, considering the circumstances revealed in the grounds for sentencing and all of the conditions of sentencing as shown in the pleadings, including the Defendant’s age, character and conduct, environment, family relationship, circumstances and result of the crime, it is not recognized that the lower court’s sentence goes beyond the reasonable scope of discretion, and is too weak.

Therefore, prosecutor's assertion is without merit.

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.