공무집행방해등
The defendant's appeal is dismissed.
1. The lower court dismissed the prosecution on the charge of assaulting B among the facts charged in the instant case, and convicted the remainder of the facts charged, and the Defendant appealed only on the guilty portion among the lower judgment.
The judgment below
Among them, the dismissal part was separated from the defendant and the prosecutor's appeal, and it became final and conclusive and excluded from the scope of the trial.
2. The main point of the grounds for appeal is that the court below's imprisonment (ten months of imprisonment) is too unreasonable.
3. The determination of sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.
In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015, etc.). The lower court determined a punishment within a reasonable scope by fully taking account of all the circumstances regarding the sentencing of the Defendant, and thus, considering the circumstances asserted by the Defendant as the grounds for appeal, including the fact that the Defendant denied a part of the crime at the lower court, but led to the trial, the lower court’s punishment is too unreasonable.