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(영문) 전주지방법원 2020.01.09 2019노1331

특수공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal - The sentence of the lower court (the fine of five million won) is too minor.

2. All circumstances asserted by the Prosecutor as an element of sentencing unfavorable to the trial in the lower court were revealed during the hearing of the lower court, and there is no change of circumstances in relation to the matters subject to sentencing after the pronouncement of the lower judgment.

In full view of all the circumstances indicated in the records of this case, including the sentencing grounds cited by the court below and the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the court below’s punishment is too unfasible and it cannot be deemed that the court below exceeded the reasonable scope of discretion in determining the sentencing of the court, and the prosecutor’s assertion is rejected.

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. It is so decided as per Disposition.