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(영문) 부산지방법원 2019.06.27 2018노4360
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment by taking into account the following: (a) the Defendant’s mistake was pened by himself/herself; and (b) there was no record of criminal punishment; and (c) there was no change in circumstances or normal relationship that could change the sentence of the lower court in the

In addition, comprehensively taking into account various sentencing conditions, such as the Defendant’s age, character and conduct, background of the crime, and circumstances after the crime, as shown in the argument of the court below and the party hearing, the sentence imposed by the court below is given within the reasonable scope of discretion, and is not easy.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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