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(영문) 전주지방법원 2019.08.28 2019노632
공무집행방해
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The lower court’s punishment (one million won per fine) against the Defendants on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. Determination

A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court and to refrain from imposing a sentence that does not differ from the first instance court on the grounds that

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

In light of all the conditions of sentencing as stated in the arguments of this case including the defendants' age, character and conduct, environment, criminal records, and circumstances before and after the crime, there is no change in the conditions of sentencing compared to the original judgment because new sentencing data against the defendants have not been submitted in the trial, and the reasons for unfair sentencing, as alleged by the prosecutor, appear to be the circumstances having already been taken into account in determining the punishment, and considering all the conditions of sentencing as stated in the arguments of this case, it is difficult for the lower court to have deemed that the sentencing against the defendants exceeded the reasonable scope of discretion because the sentencing of

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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