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(영문) 수원지방법원 2016.09.22 2016노4715

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing each of the instant crimes.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant was found to have been under the influence of alcohol at the time of each of the crimes of this case, but in light of the circumstances leading to the crime of this case, the specific method of the crime, the defendant's behavior and attitude before and after the crime of this case, and the circumstances after the crime of this case, etc., the defendant had no ability to discern things or make decisions, or had weak ability to make decisions.

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

B. The following are the circumstances favorable to the Defendant: (a) the Defendant’s judgment on the unfair argument of sentencing was in the first instance, and all of the instant crimes are recognized; and (b) the victim E of the assault and injury sustained in the existence of the instant case was not significantly different.

However, the crime of interference with the execution of official duties of this case prevents a police officer from performing his official duties in consideration of the face of a police officer dispatched by the defendant upon receiving a neighboring report. The crime of assault and injury to the continuation of the continuation of the existence of this case is a crime of violence, such as obstructing the performance of official duties of this case and obstructing the defendant from repeatedly or excessively damaging the victim E, who is a pregnant woman of 79 years old or older, while taking a indecent desire to do so, and the crime of assault and injury to the continuation of the existence of the crime of this case is not very good in the quality of such crime, and it is necessary to impose a severe punishment on the crime of interference with the performance of official duties of this case in order to resolve the situation where legitimate public authority is neglected, and establishing legal order. The crime of assault and injury to the continuation of the existence of this case is against its own act,