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(영문) 수원지방법원 2020.04.01 2019노4251
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. In a case where there is no change in the sentencing conditions compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the first instance court.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In the instant case, there is no change in the sentencing conditions compared to the lower court, and it is not recognized that the lower court’s punishment was too excessive and exceeded the reasonable scope of discretion in light of the overall sentencing conditions indicated in the arguments and records of the instant case, including the Defendant’s age and happiness environment, the details and details of the instant crime, and the circumstances after the instant crime.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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