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(영문) 서울남부지방법원 2015.07.24 2015노409
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) From March 22, 2012 to June 7, 2012, the Defendant was hospitalized in U Hospital as alcohol dependence-based ex post facto, non-quality non-explosion, and was hospitalized in the Gyeongbuk V Hospital from April 5, 2013 to September 11, 2013. At the time of each of the instant crimes, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions due to alcohol dependence.

(2) The sentence imposed on the Defendant of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

(b) The sentence sentenced to the Prosecutor’s Defendant (ten months of imprisonment) is too unhued and unreasonable;

2. Determination

A. The Defendant’s assertion of mental disability is deemed to have been hospitalized prior to each of the crimes in this case, but it does not seem that the Defendant had a weak ability to discern things or make decisions due to alcohol or mental illness at the time of the above crime in light of various circumstances, such as the process, method, and method of each of the above crimes, the specific details of the crimes, and the Defendant’s speech and behavior before and after the crime. Therefore, this part of the Defendant’s assertion is without merit.

B. Although the Defendant’s judgment on the assertion of unfair sentencing was sentenced to a fine, the Defendant again committed the instant crime even though he had the record of punishment for the same kind of crime several times, it is necessary to strictly punish the obstruction of performance of official duties in order to block the light view of public authority, and to create a social atmosphere that respects the law and principles, etc., and the fact that the majority of the victims and the Defendant appears to have not made any effort to recover the damage of the victim, etc. However, the Defendant recognized the instant crime and reflects the fact that the Defendant did not have any record of punishment exceeding the fine, the Defendant’s character and behavior, environment, and relationship with the victim.

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