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(영문) 수원지방법원 2017.04.14 2016노6307
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (five million won in penalty) declared by the court below.

2. The lower court sentenced a fine of KRW 5 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the matters on the conditions of sentencing and the applicable sentences in the trial, the sentencing judgment of the court below exceeded the reasonable bounds of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the character and conduct, family relations, the circumstances and results of the instant crime, etc. of the Defendant, the sentence of the lower court is appropriate, and it is not recognized that the sentence is too uneasible and unfair.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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