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(영문) 인천지방법원 2020.08.28 2020노1824
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

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

2. In a case 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). In light of the records and arguments of this case, there is no particular change in circumstances that may consider the sentencing after the lower judgment, as well as the fact that the Defendant had been punished several times for the same kind of crime, etc., the lower court’s punishment is too unreasonable even if considering the circumstances alleged by the Defendant as the grounds for appeal.

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

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