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(영문) 부산지방법원 2020.05.07 2020노200
공무집행방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (10 months of imprisonment) is too unhued and unreasonable.

2. Determination

A. According to the records, the lower court determined a sentence by taking into account the following factors: (a) the fact that the nature of the crime was inferior in light of the details and methods of the crime; (b) the damage was not recovered; (c) the history of punishment for the same crime was several times; and (d) the fact that the same type of crime was committed when the repeated crime was committed during the repeated crime period; (c) health conditions; and (d) the family environment, etc.; and

B. As new sentencing materials have not been submitted at the trial court, there is no change in the conditions of sentencing compared with the court below, and the defendant is divided and reflects the errors in the trial court, and considering the various reasons revealed in the oral proceedings, it does not seem that the sentencing of the court below is too heavy or unhued, thereby exceeding the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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