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(영문) 서울중앙지방법원 2021.02.02 2020노3516
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) 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 does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the judgment of the lower court because new materials on sentencing have not been submitted in the trial, and circumstances in which the prosecutor claims the sentencing for unfair reasons are already reflected in the reasons for sentencing of the lower court. In full view of all other factors such as the Defendant’s age, sexual behavior, environment, motive and background of the crime, circumstances after the crime, etc., and the sentencing of the lower court does not seem to be unfair as it goes beyond the reasonable scope of discretion and is too unreasonable.

Therefore, the prosecutor's improper argument of sentencing 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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