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(영문) 창원지방법원 2019.11.26 2019노1575
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a mental disorder at the time of committing each of the instant crimes.

B. The sentence imposed by the lower court (one hundred months of imprisonment, a fine of 600,000 won) is too unreasonable.

2. Determination

A. According to the records on the determination of mental disorder, in light of the defendant's method of crime, the situation before and after the crime, etc., the defendant did not have the ability to discern things or make decisions at the time of each crime of this case.

It does not seem to be in a state or weak.

Therefore, this part of the defendant's argument is without merit.

B. The Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of directness on the assertion of unfair sentencing, ought to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, comprehensively taking into account the records and arguments, the sentence imposed by the lower court appears to have been appropriately determined by fully taking account of all circumstances, including various sentencing grounds asserted by the Defendant, and no special circumstance exists to the extent that the sentence of the lower court would change.

In particular, even though the defendant has submitted a number of objections to this court, it is necessary to punish the defendant with severe punishment in light of the fact that the defendant again committed each of the crimes of this case during the period of repeated crime, and the defendant has a record of punishment for the same kind of crime several times.

The defendant, in his anti-sexs, has no choice but to reverse the past," and "the defendant is faced with him."

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