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(영문) 서울중앙지방법원 2020.10.16 2020노9
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of four million won) declared by the lower court is too unhued and unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

The judgment below

There is no new circumstance or special change in circumstances that can be reflected in the sentencing since the sentence was sentenced, and further, considering the circumstances and all the conditions of the sentencing as expressed in the reasons for sentencing as well as the circumstances and arguments revealed in the reasons for sentencing, the sentence of the court below is too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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