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(영문) 인천지방법원 2019.06.14 2019노1081
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following circumstances: (a) the Defendant had the record of being punished for the same kind of crime several times; (b) the Defendant committed the instant crime without being during the repeated crime period due to the same kind of crime; (c) the Defendant’s mistake is recognized under favorable circumstances; (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) the Defendant’s punishment is too unreasonable and it is difficult to deem that the lower court’s punishment goes beyond the reasonable scope of discretion by taking account of the various circumstances, which are the conditions for sentencing specified in the instant records and pleadings, such as the circumstances after the crime

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

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