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(영문) 대전지방법원 2018.12.21 2018노3035
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment and the sentencing of the lower court does not deviate from the scope of reasonable discretion, it is desirable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking account of the various circumstances regarding the sentencing of the Defendant into account, and there is no circumstance to be newly considered in the first instance trial.

In light of the fact that the defendant was sentenced to a suspended sentence for 8 months due to a special violation of law in 2014, and was sentenced to a suspended sentence for 2 months during the suspended sentence, but was sentenced to a suspended sentence for 2 years during the suspended sentence, and that the defendant committed the crime in this case during the suspended execution period due to drinking driving, the court below's sentence is too unreasonable even if considering the circumstances asserted by the defendant on the grounds of appeal, it is not recognized as unfair because the defendant's punishment is too too unreasonable.

The defendant's argument of sentencing is not accepted.

3. 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 groundless.

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