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(영문) 수원지방법원 2018.04.10 2018노278
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment) is too unhued and unreasonable.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not vary with the first instance court on the sole ground that the difference between the opinion of the appellate court and the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Since new sentencing data have not been submitted at the trial, there is no change in the conditions of sentencing compared with the original court, and the sentencing of the lower court exceeded the reasonable scope of discretion, considering all the reasons for sentencing specified in the records of the instant case.

shall not be deemed to exist.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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