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(영문) 전주지방법원 2019.10.23 2019노1013

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) of the lower court is too unreasonable.

Judgment

It is reasonable to respect the sentencing of the first instance court in cases 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, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentence of the first instance court falls within the scope of discretion.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., the lower court’s sentencing is too unreasonable and does not seem to have exceeded the reasonable scope of discretion. In so doing, it is difficult to deem that the lower court’s sentencing exceeded the reasonable scope of discretion.

Defendant’s assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is groundless. It is so decided as per Disposition.