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(영문) 서울중앙지방법원 2020.01.31 2019노3786
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (ten months of imprisonment) is too unhued and unreasonable.

2. It does not seem that there are new circumstances or special changes in circumstances that can be reflected in the sentencing after the pronouncement of the lower judgment, and further, considering the circumstances and various conditions of sentencing indicated in the grounds of sentencing as well as the records, it cannot be deemed that the lower court’s sentence was too unhued and exceeded the reasonable scope of discretion.

Therefore, the prosecutor's above assertion is without merit.

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

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