(영문) 창원지방법원 2018.01.17 2017노3242 | 리걸엔진

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(영문) 창원지방법원 2018.01.17 2017노3242

공무집행방해

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The defendant's appeal is dismissed.

Reasons

1. Improper sentencing of the summary of the grounds for appeal (the defendant withdrawn his/her claim of mental disorder on the first trial date)

2. The lower court rendered a sentence by taking into account the following circumstances: (a) the fact that the nature of the crime interfering with the performance of official duties is not good; (b) the same record was already two times; and (c) one of them was the force of suspension of execution; (d) the fact that the instant crime was committed during the period of suspension of execution was committed; (c) the time of and against the commission of the crime; and (d) the circumstances favorable to the agreement with the victimized police officer; and (e) the sentencing conditions, such as the Defendant’s age, sex, environment, motive, means

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

The defendant set back around 2016 due to the depression of the shipbuilding business, and he seems to have lost his self-defense power to go back to his own disease on January 2017 and caused the crime. The degree of assault is not serious; the judgment of this case becomes final and conclusive, the suspension of the execution of the preceding sentence is also invalidated; and the defendant does not repeat again after drinking with his life.

It is recognized that it is hard to do so.

However, as seen earlier, comprehensively taking account of the sentencing conditions in the lower court, including the fact that the judgment of the suspension of execution becomes final and conclusive due to the same crime and repeated crimes committed in the same month, it cannot be deemed that the lower court’s sentence is too unreasonable.

Unlike the fact that the sentencing conditions have been changed in the court;

There are no circumstances to see.

Therefore, the defendant's assertion is without merit.

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

유사 판례

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