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(영문) 춘천지방법원 2016.06.29 2016노380
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court does not go beyond the reasonable scope of discretion, it is reasonable to respect it. It is desirable to reverse the judgment of the first instance court on the sole ground that the sentence of the first instance court falls within the reasonable scope of discretion, but is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of all the reasons for sentencing stated by the court below, it is not recognized that the sentencing of the court below exceeded the reasonable scope of discretion, and thus, the prosecutor’s wrongful assertion of 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.

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