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(영문) 부산지방법원 2017.03.31 2016노5112
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too minor.

2. In full view of all the conditions of the arguments and the sentencing indicated in the records of the instant case, including favorable circumstances, unfavorable circumstances, including the Defendant’s age character and character environment, motive means of crime, and circumstances after the crime, the lower court’s judgment exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the prosecutor’s assertion is without merit.

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

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