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(영문) 창원지방법원 2018.07.18 2018노921
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of the grounds for appeal (the sentence of the lower court: a fine of five million won);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court: (a) under the unfavorable circumstances, such as the Defendant’s act of assaulting and obstructing the performance of official duties by assaulting a police officer who was dispatched to a 112 report at the restaurant proprietor’s own expense and the Scambs; (b) the Defendant’s act of assaulting and obstructing the Defendant’s performance of official duties; (c) the Defendant’s act of seriously against the Defendant’s mistake; (d) the police officer dispatched was unable to receive money by making a call for a civil decision later; and (e) the Defendant was deemed to have committed a contingent crime by losing his power and interesting the police officer; and (e) the degree of assault and obstructing the performance of official duties

In light of the fact that it is difficult to see the defendant, there is no criminal conviction for the defendant, and the fact that the defendant has no criminal conviction for the suspension of execution or more during the last ten years, the sentence was determined by comprehensively considering the sentencing conditions, including the defendant's age, sex, environment, circumstances, and circumstances after the crime.

(c)

The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

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

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