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(영문) 수원지방법원 2019.10.28 2019노4353
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant confessions and reflects the Defendant, the background leading up to the Defendant’s act, the degree of damage caused by the Defendant’s act, the fact that the Defendant agreed with the victim of property damage, the Defendant’s health status is not good, etc., the sentence of the lower court is too unreasonable.

B. In light of the fact that a serious punishment is needed for the obstruction of performance of official duties of the prosecutor, and that the defendant repeated a repeated crime during the period of repeated crime, and that there is a high risk of recidivism in the future, the sentence of the court below is too uneasible and unfair

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, it cannot be deemed that the lower court’s sentencing is too heavy or is so fluent that it exceeded the reasonable scope of discretion.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is all dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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