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(영문) 부산지방법원 2013.06.28 2013노1284

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime of obstruction of performance of official duties, and was in the state of mental disorder or mental disability.

B. The sentence of one year and two months imposed by the court below on the defendant is too unreasonable.

2. According to the records of the instant case’s determination on the assertion of mental disorder, it is recognized that the Defendant had drinking alcohol at the time of committing the instant obstruction of performance of official duties.

However, in full view of the following: (a) the Defendant was unable to discern things or make decisions due to drinking at the time of the instant crime; (b) the amount of drinking alcohol; (c) the background and method of the instant crime; and (d) the Defendant’s speech and attitude before and after the instant crime;

It does not seem that there was any or weak state.

The defendant's above assertion is without merit.

3. It is recognized that the Defendant recognized all of the instant fraud crimes, and recognized the fact that the Defendant committed the crime of obstruction of performance of official duties as stated in the lower court’s decision.

However, the victims did not agree with the victims, the damage was not recovered at all, and the defendant had been punished several times due to the crime of this case committed several times prior to the crime of this case. On June 7, 201, the Busan District Court sentenced the above punishment by imprisonment with prison labor for eight months at the Busan District Court for fraud and released the above punishment, and did not know even during the repeated crime, and committed each of the crimes of this case under the same Act after the end of the same month, without being aware of the fact that the defendant committed the crime of this case, such as assaulting the police officer dispatched upon receiving the report, and all other circumstances, such as the defendant's age, environment, family relationship, occupation, and circumstance of each of the crimes of this case, etc., the court below's punishment is not deemed to be unfair and unfair.

The above argument of the defendant also is reasonable.