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(영문) 서울북부지방법원 2016.12.09 2016노1938

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disability under the influence of alcohol at the time of committing the instant crime.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. Determination:

A. According to the record on the assertion of mental and physical disorder, even though the Defendant was aware of drinking alcohol at the time of the instant crime, in light of the background leading up to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., it cannot be deemed that the Defendant did not have the ability to discern things or make a decision, and thus, the Defendant did not have the ability to discern things

The defendant's mental disorder is not accepted.

B. In the first instance trial, the Defendant deposited KRW 300,000,000, respectively, to the victimized police officers E and G, and the police officer G submitted a written application of the Defendant’s preference to the Defendant at the appellate trial.

However, considering all the circumstances asserted by the Defendant as the grounds of appeal, the lower court’s sentence against the Defendant cannot be deemed unfair, even if it is deemed that the lower court’s punishment is unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. If so, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.