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(영문) 대전지방법원 2018.06.27 2018노130
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. It is reasonable to respect the sentencing of the lower court on the ground that the first instance court’s decision is reversed solely on the ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance falls within the reasonable scope of discretion, and that it is somewhat different from the view of the appellate court, and to refrain from imposing a sentence that is not different from that of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, the lower court, in light of the foregoing, determined the sentence within a reasonable scope by fully considering all the circumstances surrounding the Defendant’s sentencing, including the fact that the Defendant is against, and the first instance court is the offender, and the degree of assault is minor, and there is no change in the sentencing conditions, and thus, it is reasonable to respect the sentencing of the lower court on the grounds that there is no change in the sentencing conditions when compared with the lower court’s judgment.

Therefore, the prosecutor's improper argument of sentencing cannot be accepted.

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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