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The defendant's appeal is dismissed.
Reasons
1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.
2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has the unique area of the first instance court as to sentencing judgment, and 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, it is reasonable
(2) According to the reasoning of the judgment below, the court below’s decision on July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the above legal principles, there was no change in sentencing conditions compared to the court below’s failure to submit new sentencing data against the Defendant at the trial, and the following circumstances revealed in the oral proceedings of this case, including various circumstances considered in sentencing. In other words, the court below’s refusal to comply with the police officer’s instructions on wearing uniforms dispatched upon receiving the 112 report and three times the police officer’s uniforms were three times, which interfere with the legitimate execution of police officer’s duties, and thus, the case was not easy in light of the degree of the assault, the details and contents of the crime. The Defendant had a number of criminal punishment including imprisonment with prison labor for violent crimes before the instant case, and the Defendant committed a repeated crime on November 30, 2018.
1. The scope of applicable sentences under the law: the scope of recommended sentences according to the sentencing guidelines from January to October, 10 and the scope of punishment for the obstruction of performance of official duties [Class 1] and coercion of performance of official duties [Special Aggravation]: repeated crimes not concurrent crimes, but the same repeated crimes [the scope of recommending areas and recommendations] special aggravation area, one to six years of imprisonment.