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(영문) 부산지방법원 2017.09.07 2017노2108
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (4,000,000 won) against the Defendant on the gist of the prosecutor’s appeal is unreasonable as it is too unfasible.

2. The crime of this case is found to be disadvantageous to the defendant, in light of the content of the crime, such as the fact that the defendant was not able to receive a letter from the victimized police officer and the fact that the police officer failed to receive a letter from the injured police officer.

However, it is reasonable to respect the determination of sentencing in our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, where the first instance court has no change in the conditions of sentencing compared to the first instance court and the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the recognized defendant do not fall under any special change in circumstances that can change the sentence of the lower court after the pronouncement of the judgment of the lower court, and there is no other special change in circumstances that can change the sentence of the lower court after the sentence of the lower court is sentenced, and there is no history that the defendant is punished for the same kind of crime, and our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, should be considered so that the sentence against the defendant is too unjustifiable and unfair.

3. In conclusion, the prosecutor’s appeal is without merit. Thus, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, according to Article 25(1) of the Rules on Criminal Procedure, “a summary of evidence” of the judgment below shall be corrected to “each police’s statement protocol against F and D,” and “each police’s statement protocol.”

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