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(영문) 서울중앙지방법원 2016.12.22 2016노4194
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 2.5 million (a fine of KRW 2.5 million) 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 is not beyond the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant made a statement at an investigative agency to the effect that “A police officer, who was at the time when a police officer was faced with one’s bank, took the view of denying a part of the crime.” However, in light of the fact that the court of the original instance recognized all the crimes and the mistake is contrary to all, and that there was no criminal record for the same kind of crime, the lower court’s sentence is too unafed and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

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.

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