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(영문) 전주지방법원 2018.12.13 2018노1463
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal - the sentencing of the lower court’s punishment (the amount of KRW 3 million) is too minor.

2. All circumstances asserted by the Prosecutor as an unfavorable factor in sentencing in the trial at the trial at the trial at the court below were revealed during the hearing at the court below, and there is no change of circumstances in relation to the matters subject to sentencing after the sentence of the court below.

In addition, in full view of all the circumstances indicated in the records of this case, including the fact that the defendant is both aware of and against the defendant's crime, and other factors indicated in the records of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the sentence of the court below is too unhued and so it exceeded the reasonable scope of discretion in the court's determination of sentencing.

Since the prosecutor's assertion cannot be accepted.

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

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