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(영문) 광주지방법원 2017.09.20 2017노1249
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the lower court sentenced the Defendants to each punishment (i.e., imprisonment of six months, two years of suspended sentence, two years of community service order, 80 hours of community service order, and (ii) Defendant B: fine of two million won) is too uneased and unreasonable.

2. Compared to the judgment of the court below, there is no particular change in the sentencing conditions for the defendants, and considering the various sentencing conditions for the defendants as shown in the records and arguments of this case, the court below's each sentence imposed on the defendants cannot be deemed unfair. Thus, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 364 (1) of the Criminal Procedure Act). However, since it is obvious that "1. Defendant B issued a provisional payment order: Article 334 (1) of the Criminal Procedure Act" was omitted under Article 364 (10) of the Criminal Procedure Act, the prosecutor's appeal is corrected to add it ex officio pursuant to Article 25 (1) of the Regulation on Criminal Procedure.

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