공무집행방해등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. (1) The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in the state of mental disorder or mental disorder.
B. The sentence sentenced by the court below of unfair sentencing (eight months of imprisonment) is too unreasonable.
B. The sentence imposed by the lower court is too uneasible and unfair.
2. Determination
A. In light of the circumstances leading to each of the crimes of this case, the means and methods of committing the crime, the circumstances before and after the crime, etc., which are acknowledged by the record as to the Defendant’s mental and physical disorder, the Defendant did not have the ability to discern things or make decisions due to drinking at the time of
did not appear to have existed in or weak condition.
Therefore, the defendant's above assertion is without merit.
B. We examine both the Defendant and prosecutor’s assertion of unfair sentencing on the grounds of unfair sentencing.
The Defendant committed the instant crime by assaulting public officials and police officers of the probation office who perform justifiable public duties during the period of repeated crimes, and violating the matters to be observed by persons wearing an electronic device, etc., and is not good to commit such crime.
On the other hand, the crime of damage to public goods was attempted, and the degree of assault against public officials was not much serious, and the public officials E of probation office agreed smoothly with E.
In addition, in full view of various circumstances, such as the Defendant’s age, character and conduct, environment, details and contents of the offense, and circumstances after the offense, the sentence imposed by the lower court is deemed as appropriate, too heavy or too unreasonable.
Therefore, the above argument by the defendant and the prosecutor is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.