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(영문) 창원지방법원 2016.01.27 2015노2898

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. The Defendant had mental and physical loss or mental weakness at the time of committing the instant crime.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the process of the instant crime, conduct before and after the instant crime, and the means and method of the instant crime, which are acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant cannot be deemed to have had no or weak ability to discern things at the time of the instant crime.

Therefore, this part of the defendant's argument is without merit.

B. The crime of this case committed the crime of this case committed the crime of this case where the defendant was requested by the victim D to pay an administrative fine imposed by the defendant while driving the victim's vehicle, and the defendant committed the crime of this case by assaulting the victim, such as taking the victim's face, taking the breath of the wooden material into hand, making the victim be faced with the wall by cutting the breath of the victim's breath, and the police officer dispatched upon receipt of the report, and obstructing the police officer's lawful execution of his duties by assaulting the victim, such as spathing the breath of the police officer by hand, etc.

However, in order to establish the legal order and eradicate the state of public authority, it is necessary to strictly punish a crime that interferes with the execution of public duties, and the defendant has a record of criminal disposition at least 15 times including criminal records of the same kind of punishment, and has not been restored.

In addition, considering the fact that there is no change in circumstances that may be considered in sentencing after the sentence of the lower judgment, the Defendant’s age, sexual conduct and environment, motive, means and consequence of the crime, and various circumstances that are conditions for sentencing as shown in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s punishment cannot be deemed unfair due to excessive neglect of circumstances.

Therefore, this part of the defendant's assertion is without merit.

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