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(영문) 창원지방법원 2019.06.19 2018노3034
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unfilled and unreasonable.

2. The lower court, based on the favorable circumstances, determined a sentence by taking into account the following factors: (a) the Defendant reflects the Defendant; (b) appears to have committed the instant crime; (c) the degree of the commission of the instant crime is not serious; and (d) the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime;

The grounds for unfair sentencing alleged by the prosecutor appear to be the circumstances in which the lower court determined the Defendant’s punishment, and there are no other circumstances to deem that the above sentencing conditions have changed, and the lower court’s punishment is reasonable within the reasonable scope of its discretion, considering the above sentencing conditions.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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