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(영문) 인천지방법원 2015.12.16 2015노3800

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below, it may be recognized that the defendant was in a state of drinking at the time of the crime of this case, but the defendant did not seem to have been in a state of mental disorder or mental and physical disability due to drinking or alcohol addiction, so this part of the defendant's assertion is without merit.

B. In full view of all the sentencing conditions indicated in the records and arguments of the case of unfair sentencing and the fact that the Defendant committed the instant crime during the period of repeated crimes, etc., the lower court’s punishment is too unreasonable because it is too unreasonable.

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