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(영문) 인천지방법원 2019.08.16 2019노880
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of six million won) declared by the court below 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The instant crime interferes with police officers’ legitimate performance of duties, and thus requires a strict punishment for committing a crime against public authority in order to establish the State’s legal order and eradicate a light of the public authority. However, in full view of the various circumstances, including the motive, means and consequence of the crime, the lower court’s sentencing cannot be deemed as excessively unfilled and exceeding the reasonable scope of discretion, and thus, cannot be deemed as exceeding the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

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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