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(영문) 대전지방법원 2020.06.18 2019노2515

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental disability.

B. The sentence of the lower court (a fine of 4 million won) is too unreasonable.

2. Determination

A. According to the record, the defendant is found to have been drunk at the time of committing the instant crime, but in light of the circumstances leading to the crime, details of the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time.

Since it seems that there was no or weak state, the above assertion by the defendant is without merit.

B. As to the assertion of unfair sentencing, it seems that the instant case’s tangible power is not much weighted and contingent.

However, the defendant has been punished by a fine for the crime of interference with business in 2014, and the crime of this case was committed by assaulting a police officer in charge of performing his duties, and the liability for such crime is not exceptionally imposed.

Considering the aforementioned circumstances and various sentencing conditions shown in the instant argument, the lower court’s sentence is too unreasonable.

3. As such, the defendant's appeal is dismissed as there is no ground.