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(영문) 의정부지방법원 2019.08.13 2019노374
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the lower court is deemed to be excessively unhued and unfair.

2. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, since the first instance court’s inherent area exists in the determination of sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court comprehensively takes into account all the circumstances on the grounds of sentencing (except for those subject to a fine once due to drinking driving, the fact that the Defendant was not guilty, the fact that the Defendant appears to have committed contingent crimes, the fact that the police officer was not significantly damaged, the police station found the police station, the fact that the victimized police officer was punished and deposited one million won, and the confession of the crime, etc.) as well as all the sentencing conditions (such as the fact that the lower court recognized the form of mental and physical disorder and determined the sentence) on the records and pleadings of the instant case as the grounds of appeal (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In so doing, even if the lower court’s sentence imposed on the Defendant is unreasonable, and the prosecutor’s assertion that the Defendant was not newly discovered from the lower court’s judgment cannot be accepted.

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

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