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(영문) 창원지방법원 2019.05.15 2019노427
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and fines for 500,000 won) of the lower court is too unreasonable;

(2) On the first day of the appellate trial, the lower court rendered a sentence in consideration of the following circumstances: (a) the Defendant led to a confession of the instant crime; (b) the Defendant was in need of medical treatment and support for the repeating of the instant crime in his state; (c) the Defendant again committed the instant crime during the period of probation; (d) the Defendant was punished several times for the same type of crime; and (e) the Defendant was punished several times for the same type of crime; and (e) the injury was not recovered

Even when considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court appears to have determined the punishment within a reasonable scope, sufficiently taking into account all the circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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