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(영문) 수원지방법원 2017.10.20 2017노3619
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to four million won) is too uneasy and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance 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). Although the Defendant’s liability is not less than the Defendant’s crime, there is no change in the sentencing conditions compared with the lower court’s judgment because new sentencing data have not been submitted in the trial, and the Defendant is recognized and against himself, and the Defendant shows the form of self-esteem, such as providing volunteer service for about 140 hours after the crime in this case, and there is no history of punishment except for those subject to a one-time fine due to drinking, and other various circumstances, such as motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to exceed the reasonable scope of discretion.

Therefore, 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 on the grounds that the appeal is without merit.

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