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The defendant's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below 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 where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). It is recognized that the Defendant led to confession and reflect by the Defendant.
However, in full view of the circumstances revealed in the records and pleadings, such as the Defendant’s desire for police officers performing official duties, obstructing the performance of official duties, there is no special change in circumstances that may be sentenced to punishment in the depth of the party, and the circumstances leading to the Defendant’s commission of the instant crime, etc., the sentence imposed by the lower court against the Defendant is not heavy.
3. According to the conclusion, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition by the court below (Provided, That since it is apparent that the “(s)” was omitted due to mistake in the column of concurrent crimes among the application of the Act No. 3 of the judgment below, an ex officio correction is made pursuant to Article 25(1) of the Rules on Criminal Procedure.