beta
(영문) 창원지방법원 2014.10.10 2014노1821

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a mental disorder at the time of committing the instant crime.

B. In light of the fact that the defendant led to the confession of unreasonable sentencing and against the defendant, the punishment imposed by the court below (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the circumstance leading up to the instant crime, the details of the Defendant’s statement about the instant crime by the competent investigation agency, etc., it cannot be deemed that the Defendant was in a state that he did not have or lacks the ability to discern things or make decisions due to drinking at the time of the instant crime, and the above assertion by the Defendant is without merit.

B. Considering the circumstances alleged in the Defendant’s assertion of unfair sentencing, the instant crime is under the influence of alcohol by the Defendant. The instant crime is committed on two occasions by a police officer F with the desire to shoulder the Defendant’s left face, and the relevant case is not somewhat weak; in order to establish the state’s legal order and to eradicate the light of public authority, the crime of obstructing performance of official duties requires strict punishment; the Defendant was punished for the obstruction of performance of official duties on two occasions in the past; the Defendant was punished for the obstruction of performance of official duties on nine occasions; the Defendant was sentenced to a fine on nine occasions; in particular, the Defendant was sentenced to imprisonment with prison labor for the violation of the Punishment of Violence, etc. Act (a deadly weapons, etc.) at the Changwon District Court on December 13, 2012, and the Defendant’s records and circumstances during the period of repeated punishment on August 9, 2013, and the Defendant’s environment, character and behavior and punishment were again committed after considering the following circumstances.