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(영문) 수원지방법원 2019.11.29 2019노5479
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The lower court sentenced the Defendant to six months of imprisonment in consideration of the circumstances unfavorable to the Defendant, favorable to the Defendant, and the sentencing guidelines recommended by the Sentencing Committee.

There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, or that it is deemed unfair to maintain the sentencing of the lower court as it is, in full view of the fact that the instant crime was committed during the period of suspension of execution of the same kind of crime, in particular, during the period of suspension of execution, and the sentencing guidelines, etc.

In addition, considering the circumstances and results of the crime of this case, the sentence of the court below is proper, and it is not recognized that it is unfair because it is too unreasonable, considering the circumstances after the crime of this case.

Therefore, the 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 conclusion is groundless.

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