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(영문) 광주지방법원 2019.07.25 2019노88

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 3,00,000) is too unhued and unreasonable.

2. The fact that the crime of this case is not good, etc. is disadvantageous to the defendant.

On the other hand, the degree of violence is not severe, and the fact that the defendant does not have the same criminal record is favorable to the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the 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.