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(영문) 창원지방법원 2017.05.11 2017노276

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was under the influence of alcohol at the time of each of the instant crimes, and thus, the Defendant did not have or lacks the ability to discern things or make decisions.

2. Comprehensively taking account of the evidence duly admitted and examined by the court below, the defendant was found to have drinking prior to each of the crimes of this case, but in light of the circumstances leading to the crime of this case, the method and method of the crime of this case, and the circumstances after the crime, etc., it cannot be deemed that the defendant did not have the ability to discern things or make decisions, and thus, the defendant's assertion is without merit.

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