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(영문) 서울남부지방법원 2015.11.13 2015노223

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

B. In light of the circumstances, such as the fact that the defendant is against unreasonable sentencing, the fact that the defendant should support his/her family, including his/her father suffering from disease, and the fact that he/she is economically lacking, the punishment of the fine of five million won imposed by the court below is too unreasonable.

2. Determination

A. According to the records of mental and physical disorder, even though the Defendant was aware of drinking at the time of committing the instant crime, the Defendant did not have the ability to discern things or make decisions due to drinking at the time of committing the instant crime in light of the circumstances leading to the crime, the means and methods of committing the crime, and other circumstances after committing the crime.

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

B. Considering the circumstance where the defendant asserts unfair sentencing and the circumstances where the defendant deposited KRW 500,00 for the victim police officer, and the victim police officer wanted to take the defendant's action against the defendant, even though the defendant committed the crime of this case during the period of probation, the defendant's history of punishment has reached five times, which includes the records of punishment for the same crime as this case, and there is a need to strictly punish the police officer who properly performs official duties in order to maintain public peace. Considering other various circumstances, considering the defendant's age, character and behavior, character and environment, intelligence and environment, motive, means and consequence of the crime, etc., the court below's punishment is too unreasonable. Thus, this part of the defendant's assertion has no merit.

3. Therefore, 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. It is so ordered.