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(영문) 부산고등법원 2016.07.21 2016노269
특수공무집행방해치상
Text

The prosecutor's appeal is dismissed.

Reasons

On the grounds of appeal, the prosecutor asserts that the lower court’s punishment (one year and six months of imprisonment, two years of suspended execution, and 40 hours of the order to attend a compliance driving) is unfair as it is too unobcied and unfair. However, in full view of the lower court’s factors and sentencing guidelines, etc., the lower court’s sentencing determination that the Defendant’s primary sentencing factors, including the course of the instant crime and circumstances after the crime, the degree of injury to the victim, the agreement with the victim, and the Defendant’s criminal history and reflect, exceeded the reasonable bounds of discretion.

It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.

Therefore, the prosecutor's appeal is dismissed (Article 364 (4) of the Criminal Procedure Act).

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