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(영문) 서울남부지방법원 2020.02.13 2018노2627
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. There are no new circumstances or changes in circumstances that can be reflected in the sentencing after the court below sentenced the judgment.

In full view of various circumstances, including the circumstances leading to the instant crime, the degree of the exercise of tangible force, the Defendant’s criminal record, etc., and the Defendant’s age, character and conduct, environment, motive means and consequence of the instant crime, and the circumstances after the instant crime, the sentencing of the lower court does not seem to be excessively minor beyond the scope of reasonable discretion.

The prosecutor’s assertion of unfair sentencing is not acceptable.

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.

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