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(영문) 부산지방법원 2018.07.13 2018노1178
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In order to establish a state’s legal order and eradicate the light of public authority, the need to strictly punish a crime interfering with the performance of official duties is recognized.

However, in light of these factors, the lower court’s decision appears to have determined the sentence, and there is no change in the sentencing conditions that may vary from the sentence of the lower court in the first instance court, the Defendant’s recognition of the instant crime and reflects the Defendant, the Defendant appears to have caused the instant crime by contingently, and other favorable circumstances, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, and the equity in sentencing with all of the sentencing conditions as shown in the instant records and theories on changes, such as the circumstances after the crime, etc., it cannot be deemed unfair because the sentence imposed by the lower court is too uneasible.

We do not accept the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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