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(영문) 부산지방법원 2019.06.21 2019노1153
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court is deemed to be too unhued and unfair.

2. The lower court sentenced the Defendant to six-month imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of all the circumstances that serve as the condition for sentencing in this court, no such circumstance exists as it is deemed that the judgment of the court below exceeded the reasonable scope of its discretion, or that it is unreasonable to maintain the judgment of the court below as it is.

In addition, considering the Defendant’s age, environment, background and consequence of the crime, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too uneasible.

The prosecutor's assertion of unfair sentencing is without merit.

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

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