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(영문) 제주지방법원 2017.02.14 2016노842
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of the circumstances and details of each of the instant crimes, etc., the crime is not good; the Defendant has the record of having been sentenced several times of criminal punishment for violent crimes even before the instant case; in particular, on September 26, 2013, the Defendant committed each of the instant crimes while serving three years and six months after having been sentenced to punishment for robbery on September 15, 2016, by exceeding the age, sex, environment, motive and method of each of the instant crimes, and means and methods of each of the instant crimes, and all of the following circumstances do not appear to be reasonable or excessive.

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. It is so decided as per Disposition.

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