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(영문) 춘천지방법원 2016.11.16 2016노880

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unfilled and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of all of the factors for sentencing specified in the records of the instant case, the lower court’s sentencing is deemed to have exceeded the reasonable scope of discretion, and there is no room for change of circumstances, and thus, the Prosecutor’s assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed without pleading pursuant to Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.