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(영문) 부산지방법원 2018.04.19 2017노4624
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In a case where there is no change in the 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). The Defendant has the history of having been punished for violent crimes, and the instant crime constitutes a repeated offense.

However, the damaged police officers want to take the Defendant’s seat, and the circumstances alleged by the prosecutor on the grounds of appeal appear to have been considered in the sentencing process of the court below, and there are no new changes in circumstances that could change the sentence of the court below in the trial of the party.

When comprehensively considering the sentencing conditions, such as the defendant's age, occupation, living environment, and circumstances after the crime, as shown in the above circumstances and the deliberation of the court below and the party, the sentence of the court below is beyond the reasonable scope of discretion or is too unjustifiable.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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