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(영문) 춘천지방법원 2020.12.04 2020노672
업무방해등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court 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 first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). We examine in light of the foregoing legal doctrine.

The judgment below

There is no change of circumstances to consider the sentencing of the accused after the sentence.

In light of the fact that the Defendant had been punished several times due to the crime of obstruction of performance of official duties, injury, etc., and the Defendant committed each of the instant crimes without being committed even during the period of suspension of execution due to the crime of obstruction of performance of official duties, and the circumstance, method, etc. of the crime, etc., the written application of the victim F with the intent to escape the Defendant’s wife in the victim C and F Party trial was submitted, but it is unclear whether the victim was prepared and submitted due to the victim’s signature and seal, etc., and since the Defendant already reflected in the sentencing of the lower court on the part of the Defendant’s agreement with the said victim, it is difficult to view that the above written application was a new change in circumstances where the sentencing should be changed in the trial.

In light of the various conditions of sentencing as shown in the records and arguments of this case including favorable circumstances such as the Defendant’s failure to punish, and the reasons for sentencing of the lower judgment, even if considering all the circumstances asserted by the prosecutor and the Defendant as the grounds for appeal, it cannot be deemed that the lower court’s punishment is too minor or unreasonable.

Therefore, both the prosecutor and the defendant's argument of unfair sentencing is rejected.

3. The appeal by the conclusion prosecutor and the defendant is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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