beta
(영문) 서울중앙지방법원 2015.09.02 2015노2894

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a mental disorder at the time of committing the instant crime.

B. The sentencing of the first instance court on the unfair sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In light of the content of the instant crime committed by the first instance court based on the evidence duly admitted and examined by the court of first instance, the behavior of the Defendant before and after the commission of the crime, and the statement attitude after the Defendant was arrested, etc., it seems that the Defendant did not have the ability to discern things or make decisions at the time of the instant crime, and thus, the Defendant’s mental and physical disability argument is without

B. In full view of the circumstances leading up to the Defendant’s assertion of unfair sentencing, the details of the offense, and other various circumstances that form the conditions for sentencing as indicated in the records, including the Defendant’s age, character and conduct, environment, family relationship, and criminal record, the sentencing of the first instance court on the Defendant is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.