logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2020.06.26 2020노9
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). We examine in light of the foregoing legal doctrine.

The judgment below

There is no change of circumstances to consider the sentencing of the accused after the sentence.

In light of the circumstances, such as the nature of each of the instant crimes is bad, the Defendant’s unfavorable conditions, including favorable circumstances, such as having no record of criminal punishment, and the fact that there is no record of criminal punishment, and the reasons for sentencing of the lower judgment, the lower court’s sentence cannot be deemed unreasonable even if considering all the circumstances alleged by the Prosecutor as the grounds for appeal.

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

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

arrow