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(영문) 부산지방법원 2018.08.16 2018노1460
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (3,000,000 won) against the Defendant on the gist of the prosecutor’s appeal is unreasonable because it is too unfasible.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, the circumstances favorable to the Defendant arise by depositing KRW 300,00 for the police officer who suffered damage in the first instance trial, on the other hand, as the prosecutor did not submit new sentencing data, and there is no change in any unfavorable sentencing conditions compared with the lower court’s decision. In full view of the reasons revealed in the argument process of the instant case, the lower court’s sentencing is too unafford so far as it goes beyond the reasonable scope of discretion, and it does not seem unfair.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. 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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