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(영문) 창원지방법원 2018.10.31 2018노1531
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (the sentence of the lower court shall be four months);

2. The court below held that the defendant had already been convicted of a crime by an act of violence 12 times and there are two previous convictions who had already been sentenced to imprisonment, and one previous convictions who had been sentenced to a suspended sentence of imprisonment, and the defendant committed each crime in the judgment of the court below during the suspended sentence period of a criminal offense by assaulting police officers. However, the defendant has already submitted a written agreement to the effect that the defendant did not commit a crime of interference with the execution of official duties, the degree of interference with violence and official duties is not severe, the H and security guards of the subject of the act of assault were smoothly agreed, and the defendant's reflects the favorableness of the defendant, and the sentence was determined by taking account of various sentencing conditions shown in the records and arguments, such as the criminal history, age, sex, environment, motive and means of the crime, and the circumstances after the crime.

The grounds for the improper sentencing alleged by the defendant (such as the fact that the defendant has no record of crime in the same kind, that there was an agreement with the victimized police officer, that the degree of interference with the execution of violence and official duties, that the defendant's dependent, and that the defendant are against the defendant) are shown to be the reasons that the court below has already considered the punishment against the defendant in determining the punishment against the defendant, and that the above conditions of the sentencing have changed in the trial court.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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