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(영문) 부산지방법원 2021.01.15 2020노3198
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, no particular change in circumstances exists in matters that are conditions for sentencing after the sentence of the lower judgment.

When the defendant committed several crimes even during the period of repeated crime, did not receive wrong statements from many victims to the trial, and committed an act of assaulting another prisoner even during the prison period, and comprehensively takes into account the defendant's age, sex and environment, motive for the crime, and circumstances after the crime, etc., the sentencing of the court below is too excessive and so it exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the defendant's argument of sentencing 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.

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