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(영문) 창원지방법원 2019.05.29 2018노2948
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, two years of suspended execution, and community service order) of the lower court is too unreasonable.

2. The lower court determined the sentence by taking account of the following factors: (a) the degree of assault caused by the instant crime is minor; (b) the Defendant was punished several times; and (c) the Defendant’s age, character and conduct, environment, the circumstances and means of this case; and (d) the circumstances after the instant crime, etc.; and (b) the sentencing conditions as shown in the records and pleadings

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.

In particular, the Defendant asserts unfair sentencing to the effect that it is difficult for the Defendant to implement the community service order because his own health is not good and the Defendant must rear his children.

However, considering various sentencing conditions, the lower court appears to have sentenced to a suspended sentence on the premise that the community service order should be performed, and it is difficult to recognize that the grounds alleged by the Defendant alone have special circumstances to change the sentencing of the lower court, and there is no change of 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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