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(영문) 광주고등법원 2017.06.08 2017노64
특수공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the prosecutor’s unfair assertion of sentencing, and the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court did not submit new materials for sentencing, and there is no particular change in the conditions of sentencing compared to the lower court.

In addition, even if considering the factors of sentencing unfavorable to the defendant, such as the fact that the defendant's mistake is against the defendant's acknowledgement of the crime and that there is no record of criminal punishment heavier than suspended execution, etc., the crime was committed in full view of the records and arguments, and even if considering the factors of sentencing unfavorable to the defendant, the sentence of the court below exceeded the reasonable scope of discretion.

shall not be deemed to exist.

We do not accept the prosecutor's argument that the sentencing of the court below is unfair.

2. The appeal by the conclusion prosecutor is dismissed for reasons.

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