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(영문) 수원지방법원 2018.02.06 2017노8929
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where 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 at the trial court, there is no change in the conditions of sentencing compared with the lower court’s judgment, and the circumstances alleged by the Defendant for unfair reasons for sentencing are deemed to have already been reflected in the sentencing grounds of the lower court. There are a number of criminal records including the Defendant, the Defendant committed the instant crime during the repeated offense period due to the same crime, and other various circumstances, including the motive, means and consequence of the crime, and the circumstances after the crime, etc., of the lower court’s sentencing, it cannot be deemed that the sentencing of the lower court is too excessive and goes beyond the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

3. In 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.

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