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(영문) 광주고등법원 2018.12.06 2018노161
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the prosecutor’s unfair assertion of sentencing, and the lower court’s sentencing 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). In this case, there is no change in the conditions of sentencing compared to the lower court’s judgment on the ground that there was no new materials

In addition, considering the circumstances asserted by the prosecutor on the grounds of appeal, even if considering the circumstances alleged by the prosecutor, the lower court’s punishment against the Defendant cannot be deemed to be excessive so far as it goes beyond the reasonable scope of discretion, and thus, goes beyond the reasonable scope of discretion.

We do not accept the prosecutor's argument disputing the propriety of sentencing of the court below.

2. The appeal by the prosecutor of conclusion is dismissed on the ground of appeal.

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