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(영문) 부산고등법원 2016.08.25 2016노375
특수공무집행방해치상
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (a year and September) of the lower court’s punishment is too heavy or unreasonable.

2. In full view of the factors and sentencing guidelines revealed in the sentencing review process of the lower court’s determination, the lower court’s determination that the Defendant’s attitude (including the fact that it is difficult to be regarded as a self-denunciation), partial deposit of damages, degree of injury, Defendant’s criminal history, etc., as the primary sentencing factor, exceeded the reasonable bounds of its discretion in determining the sentencing.

It cannot be assessed, and there is no or a lack of circumstances or materials to see that it is unfair to maintain the sentencing of the original court in the course of the deliberation of the original trial, so the argument that the sentencing of the defendant and the prosecutor is unfair is not accepted.

3. According to the conclusion, all appeals filed by the defendant and the prosecutor are dismissed (Article 364(4) of the Criminal Procedure Act).

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