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(영문) 창원지방법원 2019.07.17 2019노1016
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court is too unreasonable.

2. The lower court determined the sentence by taking into account the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant committed the instant crime during the period of probation in favor of the fact that there was no record of punishment for the same kind of crime; and (c) the Defendant committed the instant crime during the period of probation; and (d) the circumstances unfavorable to the Defendant that did not recover from damage; and (b) other various sentencing conditions specified in the records and arguments, including the Defendant’

Even when considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court appears to have determined the punishment within a reasonable scope, sufficiently taking into account all the circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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