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(영문) 서울중앙지방법원 2016.12.23 2016노4032
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The punishment of a fine of four million won in the first instance (a fine of four million won) shall be too unhued and unjust;

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). However, the appellate court did not have any change in the conditions of sentencing compared to the first instance court because the new sentencing data was not submitted in the appellate court. In full view of the following: (a) the degree and circumstances of violence exercised against police officials; (b) the Defendant’s criminal records; (c) the Defendant’s age, character and conduct; (d) the motive, means and consequence of the crime; and (e) the sentencing conditions expressed in the course of the first instance sentencing examination, including the circumstances after the crime, are considered appropriate; and (e) the sentencing of the first instance is deemed as being too unab

Therefore, prosecutor's assertion is not accepted.

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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