(영문) 창원지방법원 2018.04.25 2017노3666 | 리걸엔진

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크기(pt)

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줄 간격

자간(%)

(영문) 창원지방법원 2018.04.25 2017노3666

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing of the gist of reasons for appeal (the sentence of the court below: imprisonment with prison labor for one year and six months; and the defendant withdrawn his/her claim of mental disorder on the first trial date);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court determined a sentence within the scope of recommended punishment on the sentencing guidelines by comprehensively taking account of the following factors: (a) the Defendant recognized each of the instant offenses; (b) the victim’s injury is minor; (c) the Defendant committed each of the instant offenses; (d) the circumstances after the crime were not good; and (e) the Defendant had the same record of punishment; and (e) the sentencing conditions, such as the Defendant’s age, sex behavior, environment, background of the crime; and (e) the circumstances after the crime, were comprehensively considered.

(c)

In this case, there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment.

In addition, considering the circumstances that the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc. as well as the circumstances favorable to or unfavorable to the Defendant, and the reasons for sentencing of the lower judgment compared to the circumstances indicated in the instant records and arguments, the lower court’s punishment is not deemed to have exceeded the reasonable scope of discretion, even in light of the various circumstances asserted by the Defendant on the grounds of appeal.

The above assertion by the defendant is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

유사 판례

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