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(영문) 부산지방법원 2019.09.10 2018노4178
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The determination of the summary of the grounds for appeal (i.e., a fine of one million and five hundred thousand won) is deemed unhued and unreasonable;

2. It is true that the sentence imposed by the lower court is lower than the recommended range (one month to eight months of imprisonment) according to the sentencing guidelines set out in the attached Form.

However, the court below imposed punishment by taking account of the fact that the degree of violence or obstruction of performance of official duties is not serious.

There is no change in the sentencing conditions in the appellate court.

The determination of the original judgment cannot be respected.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Examining the sentencing factors for the crime of obstruction of performance of official duties, and other factors of sentencing, the sentencing criteria for the crime of obstruction of performance of official duties and other factors of sentencing, the determination of the original sentence cannot be deemed unreasonable because it exceeds the reasonable scope of discretion.

3. The appeal by the prosecutor of conclusion is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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