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(영문) 부산지방법원 2018.08.16 2018노2321
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and two months of imprisonment) against the Defendant on the summary of the grounds of appeal 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Taking into account the circumstances favorable or unfavorable to the Defendant as stated in a detailed statement, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, method and consequence of a crime, etc., even though considering the circumstances where the Defendant additionally led to an additional confession of the damage of property in the trial, it cannot be said that the sentence imposed by the lower court against the Defendant is unfair because it is too unreasonable compared with the extent of the Defendant’s act and responsibility.

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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