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(영문) 수원지방법원 2018.06.19 2017노7873
위계공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Whether the defendant, by posting a telephone to an investigative agency, will make an investigation properly even if he was on the same way,

The purpose of the investigation is to urge the investigation, and there is no fact that public service could be interfered with by deceptive means.

B. The Prosecutor’s sentence of the lower court (7 million won) is too unhued and unreasonable.

2. Determination

A. The lower court also asserted the same purport as the grounds for appeal, and the lower court rejected the Defendant’s assertion and its decision in detail.

According to the evidence duly adopted and examined by the court below and the court below, the finding of the facts by the court below is legitimate, and the defendant's assertion is without merit.

B. There is no change in the terms and conditions of sentencing compared with the original judgment on the grounds that new data on sentencing have not been submitted in the trial for the prosecutor’s unfair argument of sentencing. In full view of all of the reasons for sentencing as stated by the lower court, the lower court’s sentencing against the Defendant was too unhued and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal filed by the Defendant

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