(영문) 창원지방법원 2019.01.23 2018노2660 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2019.01.23 2018노2660

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the lower court’s punishment: four months of imprisonment);

2. Determination

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

B. The lower court: (a) committed a crime of obstruction of performance of official duties under the influence of alcohol in 2013 and committed assault against a police officer who was under the influence of alcohol, thereby causing two-way injury to the relevant police officer; (b) was sentenced to six months of imprisonment with prison labor after being found guilty of the crime of obstruction of performance of official duties and the crime of injury by the court; and (c) did not completely open the sentence despite the enemy who was sentenced to a suspended sentence for one year; and (d) committed a crime of obstruction of performance of official duties by assaulting a police officer who was under the influence of alcohol, who was under the influence of alcohol, and was under the influence of alcohol, again committed a crime of obstruction of official duties; and (c) was sentenced to a sentence by comprehensively taking into account the circumstances favorable to the Defendant, such as the Defendant’s age, character and conduct, circumstances, circumstances of the crime, and circumstances after the crime.

C. The grounds for unfair sentencing alleged by the Defendant appears to be the circumstances that the lower court had already taken into account in determining the Defendant’s punishment; there are no circumstances to deem that the above sentencing conditions have been changed in the trial; and considering the above sentencing conditions, the lower court’s punishment is deemed reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

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 without merit. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

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