(영문) 전주지방법원 2019.07.18 2019노588 | 리걸엔진

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줄 간격

자간(%)

(영문) 전주지방법원 2019.07.18 2019노588

특수공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime in a state of mental and physical weakness under the influence of alcohol.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too heavy.

2. Determination

A. According to the records, it is recognized that the defendant was under a state of alcohol at the time of committing the instant crime.

However, in full view of the following: (a) the process and means of the instant crime, the conduct before and after the instant crime, and the Defendant’s specifically stated in the investigative agency as to the motive and circumstance of the crime resulting in property damage, it does not seem that the Defendant did not have the ability to discern things or make decisions at the time of the instant crime.

The defendant's above assertion is without merit.

B. There is no special change in circumstances in the trial concerning the sentencing on the grounds of unfair sentencing, and the lower court already determined the sentence by taking full account of all circumstances, including the circumstances alleged by the Defendant as the grounds of appeal.

In particular, in full view of the sentencing grounds cited by the lower court, including the fact that the Defendant committed the instant crime accompanied by a second violence even though he/she was in the period of probation due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as the criminal records of the lower court, and other various sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, character and conduct, environment, and the background of the crime, the lower court’s punishment is too too unreasonable, and thus

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-형사소송법 제364조 제4항

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