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(영문) 수원지방법원 2016.06.01 2015노5441

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 (3 million won in penalty) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no change in the conditions of sentencing compared with the lower court’s judgment because new materials on sentencing have not been submitted at the trial court, and in full view of the following circumstances, including the Defendant’s age, sex, environment, motive, means, and consequence of the crime, etc., the lower court’s sentencing is deemed appropriate, and it does not seem to deviate from the reasonable scope of discretion, as it is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.