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(영문) 수원지방법원 2018.09.06 2018노4433
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) against 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 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). In the first instance court, there is no change in the conditions of sentencing compared with the lower court’s failure to submit new sentencing data at the trial, and the circumstances alleged for the reason of sentencing unfair are deemed to have already been reflected in the sentencing grounds of the lower court. The Defendant has a number of criminal records, including the sentence, and the instant crimes were committed during the period of repeated crime. The Defendant was already punished three times or more during the period of the above repeated crime, and the Defendant was already punished with the Defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and recommendations based on the sentencing guidelines, which are various conditions on the instant pleadings and the sentencing guidelines that are conditions on the crime committed after the crime [Article 1-6 of coercion or sentence execution].

B Taking account of B, the lower court’s sentencing is too large and it is not deemed unfair to have exceeded the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. According to the 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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