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(영문) 수원지방법원 2019.05.03 2019노264
공무집행방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 5 million is imposed on Defendant A, and a fine of KRW 3 million is imposed on Defendant B) by the lower court is deemed to be too uneasible and unfair.

2. The lower court sentenced Defendant A to a fine of KRW 5 million and a fine of KRW 3 million, taking into account the unfavorable circumstances and favorable circumstances.

There is no circumstance in which the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion in full view of the matters that are the conditions of sentencing, the applicable sentences, and the sentencing criteria, or it is recognized that maintaining the sentencing of the lower court is unreasonable.

In addition, even if the circumstances, age, character and conduct, environment, etc. after the crime of this case are considered, the sentence of the court below is appropriate and it is not recognized that it is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal against the defendants is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.

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