(영문) 창원지방법원 2018.10.12 2018노1010 | 리걸엔진

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자간(%)

(영문) 창원지방법원 2018.10.12 2018노1010

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (one year in imprisonment with prison labor for the court below);

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: (a) was punished 11 times in total against the same crime, i.e., the crime of interference with duties, the crime of property damage, and the crime of assault for about four years from 2014 until the Defendant committed the crime; (b) in particular, the Defendant was sentenced to imprisonment for a period of four months due to the crime of interference with duties, the crime of property damage, and the crime of assault in 2016; and (c) committed the same crime in the same kind of crime again in the same similar circumstances even though he was sentenced to imprisonment for the crime of interference with duties in 2017; (d) committed the crime of repeated crime even though he was sentenced to a repeated crime; and (e) even during the period of repeated crime, the Defendant appeared to have no room for opening the crime; and (e) was determined by comprehensively taking into account the circumstances favorable to each victim of each crime, such as the Defendant’s age, sex, environment, circumstances, and the circumstances after the crime.

(c)

The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion 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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