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(영문) 부산고등법원 2016.07.21 2016노218
특수공무집행방해치상
Text

The prosecutor's appeal is dismissed.

Reasons

The prosecutor asserts, on the grounds of appeal, that the sentence of the court below (the imprisonment of one year and six months, the probation period of three years, the community service order 120 hours, and the confiscation) is unfair as it is too unfluent. However, in full view of the contents and guidelines of the sentencing specified in the sentencing deliberation process of the court below, the sentencing judgment of the court below that deemed the victim as the main sentencing factor, including the course and nature of the crime in this case, the necessity of strict punishment, the agreement with the victim, the criminal history and reflects with the victim, the deposit of some money for the victim, the degree of injury to the victim, etc. exceeds the reasonable limit of discretion.

It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.

Therefore, the prosecutor's appeal is dismissed (Article 364 (4) of the Criminal Procedure Act).

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