beta
(영문) 인천지방법원 2020.09.25 2020노1966

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in circumstances that may consider the sentencing after the lower judgment, and this case is inappropriate even if considering the circumstances asserted by the Defendant as the grounds for appeal, considering the following: (a) the Defendant committed an assault once by the police officer E during the performance of his/her duties; (b) the Defendant did not receive a letter from the above police officer; and (c) the Defendant committed the instant crime during the suspension period of the execution of imprisonment due to a violation of the Road Traffic Act (Refusal to Take Measures) and the Defendant committed the instant crime during the suspension period of execution of imprisonment due to a violation of the Road Traffic Act.

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