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(영문) 수원지방법원 2018.10.25 2018노3731
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 6 million) against the Defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As new sentencing data are not submitted in the trial at the trial, there is no change in the conditions of sentencing compared with the lower court’s judgment, and the circumstances alleged by the Defendant as unfair reasons for sentencing are deemed to have already been reflected in the lower court’s sentencing. The crime interfering with the performance of official duties is difficult to exercise the public authority, which is the basis of the rule of law, and the damage is not good in terms of the degree of assault and the degree of assault and that the degree of assault and the degree of harm are less desirable.

In full view of the various circumstances, such as the Defendant’s age, sexual conduct, environment, family relationship, health status, motive, means and consequence of the crime, etc., and the sentencing conditions indicated in the present argument and the record, the lower court’s sentencing is not deemed to be unfair as it goes beyond the reasonable scope of discretion.

Defendant’s assertion is without merit.

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

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