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(영문) 서울북부지방법원 2019.08.16 2019노800
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court on the Defendant is too unfased 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial, and the lower court did not seem to have exceeded the reasonable scope of discretion, even when comprehensively considering the factors revealed in the arguments in the instant case including various circumstances considered in sentencing.

In particular, the court below seems to have sentenced a relatively favorable fine to the defendant, taking into account the fact that the defendant recognized the crime and reflects it, and that there is no record of punishment for violent crimes.

As pointed out by the prosecutor, the nature of the crime committed by the Defendant cannot be deemed to be somewhat unfair. However, the lower court’s decision that selected the Defendant’s prior action in consideration of the specific circumstances confirmed by the Defendant does not seem to have been extremely unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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