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(영문) 부산지방법원 2015.07.02 2015노1139
위계공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (for the defendant A: the fine of 6 million won, the defendant B, and C: each fine of 2 million won) is too unhued and unreasonable.

2. In full view of the facts that the Defendants led to the instant crime, Defendant A and B were the first offender, Defendant C was only subject to a fine for negligence, Defendant A made efforts to meet the requirements for designation of an excellent maintenance business entity even after ex post facto, such as requesting Defendant B and C to resign from their post at “G” at the time of application for the designation of the excellent maintenance business entity, and the lower court has already determined punishment by fully taking into account the aforementioned circumstances, and there was no change in circumstances that may vary between the lower court and the punishment at the time of the trial, and other factors that are the conditions for sentencing, such as the Defendants’ age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime, and the circumstances after the crime, the lower court’s punishment is deemed reasonable.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion 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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