특수공무집행방해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too heavy (the imprisonment of eight months, the suspension of the execution of two years, and the community service work 160 hours).
2. In full view of all the conditions of the argument and the record of the instant case, including favorable circumstances (a confession, victim’s not to be punished, etc.), unfavorable circumstances (defensive to the quality of the crime) as stated in the grounds for sentencing, the lower court’s judgment exceeded the reasonable bounds of its discretion, in light of the following as a whole: (a) the Defendant’s age, character and intelligence environment; (b) motive means of crime; and
There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.