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(영문) 창원지방법원 2017.09.13 2017노1675

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court, based on the following circumstances: (a) the Defendant led to the confession and rebuttal of the instant crime; (b) the police officer did not want the Defendant’s punishment by agreement with the victimized police officer; (c) under favorable circumstances that are favorable to the fact that the victimized police officer did not have committed a crime or a same kind of crime during the period of probation; and (d) the fact that the Defendant committed the instant crime during the period of probation; and (c) the Defendant’s age, sexual conduct, environment, motive and means of the instant crime; and (d) other factors of sentencing as shown in the instant records and arguments, including the circumstances after the crime, etc., determined the sentence (7 million won).

The grounds for unfair sentencing (the contingent crime under the influence of alcohol, the poor health condition) alleged by the defendant have already been taken into account in determining the punishment against the defendant, or have changed in the sentencing conditions, in determining the punishment against the defendant.

Considering the above sentencing conditions, the sentence of the court below is considered to be reasonable within the reasonable scope of discretion.

Defendant

The argument is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.