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부산지방법원 2018.04.27 2018노344

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (unfair sentencing) is too unreasonable due to the fact that the sentence of the lower court (unfair sentencing for eight months) is unfair (the Defendant explicitly withdrawn his/her claim for mental and physical weakness on the date of the first trial). 2. In cases where the conditions for sentencing are not changed compared to the judgment of 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 it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, under favorable circumstances that are favorable to the Defendant’s recognition of the instant crime, committed the instant crime, without paying the taxi fee, used violence against the police officers dispatched after receiving a report of 112 from the 1st of the taxi, who was diving at the lower seat of the taxi, and such crime is not good, and the Defendant has been punished several times and, in particular, committed a repeated crime at a disadvantage of eight months during the period of the instant crime.

The court below determined a sentence in consideration of all the above circumstances, and there is no change in the sentencing conditions different from that of the court below in the first instance.

In addition, considering the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

The defendant's argument of sentencing is not accepted.

3. 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 groundless.