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(영문) 창원지방법원 2019.02.19 2018노1271
강제집행면탈
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the lower court (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) that is too unreasonable in light of the gist of the grounds for appeal;

(2) Even if considering the fact that the defendant was found to have committed the instant crime at the time of the trial on the third day of the trial, it is difficult to evaluate it as a special change in circumstances concerning sentencing.

The lower court has already determined the punishment by fully taking into account all the circumstances, including the circumstances alleged by the Defendant as the grounds for appeal, and it seems that this is within the reasonable scope of discretion on sentencing.

Therefore, the defendant's assertion is not accepted.

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

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