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(영문) 광주지방법원 2017.10.25 2017노1813
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution regarding insult among the facts charged in the instant case.

The prosecutor appealed only the part of conviction without filing an appeal against the dismissed part of the above indictment. Since the dismissed part of the judgment of the court below is separated and confirmed by the limit of the appeal period, the scope of the judgment of this court is limited to the convicted part.

2. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

3. In light of the following: (a) there is no particular change in the sentencing conditions compared to the judgment of the court below; and (b) there are various sentencing conditions indicated in the records and arguments of the case, and the sentence of the court below is not unfair; and (c) the prosecutor’

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

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