logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.01.17 2018노4105
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. Where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Not only has the history of punishing a police officer as a crime of insult by taking a bath against a police officer, but also has the same history as a crime of insult despite the Defendant’s living in custody. In particular, it constitutes

The court below determined punishment in consideration of such overall circumstances, and there are no special circumstances or changes in circumstances that may be newly considered in the trial.

In addition, when comprehensively taking into account the Defendant’s age, character and conduct, motive and background of the crime, and circumstances after the crime, the sentence imposed by the lower court is not hot, since it was done within the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

arrow