Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended execution, two years of probation, and 120 hours of community service order) declared by the court below 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 court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The crime of this case was committed by the Defendant by assaulting police officers who perform legitimate duties, and the lower court recognized the Defendant’s mistake, and determined the punishment in consideration of the fact that the Defendant did not have the same criminal record, but the nature of the crime is not good in light of the form of the act, and there is no new circumstance to change the sentence of the lower court in the trial.
In addition, considering the following factors, comprehensively taking into account the Defendant’s age, character and conduct, records of the crime, the method and circumstances of the crime, and the circumstances after the crime, the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.