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(영문) 대전지방법원 2018.07.06 2017노3257
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below and the sentencing of the court below is not beyond the reasonable scope of discretion, it is desirable to respect such a change (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). No particular change in circumstances can be found in the matters that are the conditions of sentencing after the judgment of the court below, and in full view of various circumstances that are the conditions of sentencing, such as the defendant’s age, sexual behavior, environment, the course and form of the instant crime, and the history of the instant crime, etc., the court below’s sentencing was too unfilled and so it exceeded the reasonable scope of discretion

subsection (b) of this section.

We do not accept the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act (Provided, That the appeal by the prosecutor of the judgment of the court below is clearly a clerical error of “E”, and thus, ex officio correction is made in accordance with Article 25(1) of the Rules on Criminal Procedure.

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