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(영문) 부산지방법원 2018.12.13 2018노3831
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (ten months of imprisonment and two years of suspended sentence, protection observation, and an order to attend education for alcohol abuse prevention) against the Defendant on the summary of the prosecutor’s appeal grounds is too unfasible and unreasonable.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court as the submission of new materials for sentencing in the trial, and there is no change in the conditions of sentencing compared with the lower court, and the sentencing revealed during the pleadings of the instant case is too unafford so far as the sentencing revealed in the instant case exceeds the reasonable scope of discretion, and thus, it

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the prosecutor’s appeal is without merit. Thus, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the court below’s ex officio correction “ August 10, 2018” as “ August 9, 2018.”

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