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(영문) 서울동부지방법원 2020.01.30 2019노1179
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal (e.g., a fine of five million won) by the lower court against the Defendant is too uneased and unreasonable.

2. Comprehensively taking account of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined in light of all the circumstances, including the various grounds for sentencing asserted by the prosecutor, including the form and background of the instant crime, the degree of damage, the Defendant’s criminal records, and the Defendant’s attitude, and there is no special circumstance to ex post facto change the sentencing. Accordingly, the Prosecutor’s assertion of unfair sentencing is groundless.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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