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(영문) 대전지방법원 2017.06.07 2017노784

공무집행방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. As to interference with and insult of a mental and physical disorder, the Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing each of the instant crimes.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, even though the defendant was found to have drank alcohol at the time of each of the crimes in this case, it does not seem that the defendant lacks the ability to discern things or make decisions. Therefore, the defendant's assertion of mental disorder is without merit.

B. The Defendant’s crime of interference with the performance of official duties and insult of each of the instant offenses against the Defendant’s determination of the illegality of sentencing is not likely to be a good crime since the Defendant insulted and assaulted the police officer called out after receiving 112 a report, and arrested him as a current offender, thereby insulting and assaulting the police officer during his custody in the earth.

However, the defendant recognized the crime of this case and violated it, and only agreed with the victim of larceny.

Although the agreement was not reached, some of the money was deposited for the damaged police officers.

The equity between cases where judgment has been rendered concurrently with the crime for which judgment has become final and conclusive due to interference with the execution of public duties shall also be considered

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, sexual conduct, family relationship, occupation, etc., and the conditions for the sentencing as shown in the records and arguments, it is recognized that the sentence imposed by the lower court is unfair due to the absence of sentence imposed by the Defendant, and thus,

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Judgment] Criminal facts and evidence.