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(영문) 창원지방법원 2017.10.11 2017노2157
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The judgment below, under favorable circumstances in which the injured public official does not want the punishment against the defendant, takes into account the fact that the defendant was sentenced more than several times of suspended sentence due to violent crimes, and takes into account other factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive and means of the crime, circumstances after the crime, etc., and set a minor sentence (4 months of imprisonment) more than the scope of recommended punishment (6 months to two months) according to the sentencing guidelines.

The grounds for the improper sentencing (a confession, reflectivity, and criminal agreement with the victimized public official) alleged by the Defendant appears to have been determined by the lower court, taking into account sufficient factors in determining the sentence against the Defendant, and otherwise, the above conditions of sentencing have changed.

There is no circumstance to see that the punishment of the court below is reasonable within the reasonable scope of discretion in considering the above sentencing conditions, including the fact that the defendant is dissatisfied with the duties of treating the civil petition in the office and the nature of the crime in this case was bad.

Defendant

The argument 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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