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(영문) 서울중앙지방법원 2021.01.22 2019노4265
특수공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) 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 court below and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect them. As such, there is no new circumstance or special change in circumstances that may be reflected in the sentencing after the decision of the court below, and furthermore, considering the circumstances and all the conditions of sentencing as stated in the reasoning of the judgment of the court below as well as the records, it is not acknowledged that the sentence of the court below is too less

Therefore, prosecutor's assertion 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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