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(영문) 부산지방법원 2019.01.31 2018노4223

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (the fine of KRW 5,00,000) against the Defendant on the summary of the grounds of appeal 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). In light of the foregoing legal doctrine, although the Defendant’s spouse, etc. presented a written application seeking a preference against the Defendant, it does not constitute a special change in circumstances that could change the sentence of the lower court, and no other new sentencing data is submitted, and thus there is no particular change in sentencing conditions compared with the lower court’s sentencing conditions. In full view of the factors revealed in the pleadings in the instant case, the lower court’s sentencing is too unreasonable because it goes beyond the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.