logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.09.14 2018노3809
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the Defendant is too unafford in the lower court’s punishment (five million won in penalty) and that it is improper for the Prosecutor to use it too unafford and unfair.

2. The following are circumstances that are favorable to the Defendant: (a) the fact that the Defendant reflects the crime; and (b) the Defendant has no record of punishment exceeding the same kind and fine; or (c) the fact that the nature of the instant crime is not good in light of the content, form, and circumstances after the instant crime.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s health, age, sexual conduct, environment, etc., the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion, and there is no change in special circumstances that may be assessed differently from the sentencing conditions of the lower court up to the trial. Therefore, it is difficult to deem that the lower court’s punishment is too heavy or unreasonable because

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow