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(영문) 대전지방법원 2018.06.27 2018노330
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (one million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances surrounding the sentencing, including the confession and reflectivity of the Defendant, the history of criminal punishment, the recovery of damage to police officers who suffered damage, and the degree of tangible power, etc., and there is no circumstance to be newly considered in the trial of the case. In full view of all other circumstances, the lower court’s sentencing cannot be deemed as so far as it is too unfford and so far as the sentencing of the lower court goes beyond the reasonable scope of discretion.

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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