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(영문) 서울북부지방법원 2015.06.12 2015노599

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the Defendant’s physical and mental disorder, the Defendant was in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, a defendant may be recognized as having been receiving medical treatment for alcohol addiction at the time of each crime, but in light of the background leading to the crime, the means and method of the crime, and the circumstances after the crime, etc., it does not appear that the defendant had the ability to discern things or make decisions due to alcohol addiction at the time of each crime.

B. Although there are no circumstances to consider the Defendant’s confession of unfair sentencing, etc., the lower court’s punishment is too unreasonable in light of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and the circumstances of the instant crime, etc., and thus, it cannot be deemed that the lower court’s punishment is too unreasonable in light of the following: (a) the police who is performing official duties by assaulting the police and obstructing the performance of official duties; and (b) the nature of each offense committed by assaulting another person without any reason; (c) the Defendant committed each offense only one month from the date when the said judgment

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.