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(영문) 인천지방법원 2020.01.17 2019노3557

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months) 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 records and arguments in this case, there is no change of circumstances that may consider the sentencing after the lower judgment, and considering the various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too unreasonable and does not seem to have exceeded the reasonable scope of discretion, even if the circumstances alleged by the Defendant as grounds for appeal are considered.

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

However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, Article 35 of the Criminal Act is added to the following acts: "1. Aggravation for repeated crime" and Article 35 of the Criminal Act are added to the third following acts:

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