beta
(영문) 대전지방법원 2018.05.23 2017노1517

공무집행방해등

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, who was physically and mentally weak, was under the influence of alcohol.

B. The punishment sentenced by the lower court (two years of imprisonment with prison labor for six months) is excessively unreasonable.

2. Determination:

A. In light of the record of judgment on the assertion of mental and physical weakness, the Defendant committed the instant crime under the lack of the ability to discern things or make decisions at the time of committing the instant crime.

Therefore, the defendant's mental and physical weakness are without merit.

B. It is desirable to refrain from imposing a sentence without any difference between the first instance court and the first instance court in cases where there is no change in the conditions of sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, and to refrain from imposing a sentence without any difference between the first instance court and the first instance court solely on the ground that the sentence of sentencing falls within the reasonable scope of discretion, even though the first instance court’s opinion is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal principles, it is desirable to refrain from imposing a sentence without any difference between the first instance court and the first instance court’s judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal principles, the lower court: (a) the Defendant’s health and injury to the Defendant’s basic living beneficiary; (b) the Defendant’s financial situation is difficult; and (c) the Defendant’s criminal act with no justifiable exercise of public authority.

Therefore, the criminal liability is heavy.

The sentencing of the defendant is based on the fact that the defendant did not agree with the victimized police officers, that the damaged police officers E want the punishment of the defendant, and that the efforts of the defendant to recover the damage of the damaged police officers are insufficient.