logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.08.26 2015노3733
특수공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was under the state of mental disability under the influence of alcohol at the time of the instant crime. (2) The sentence of imprisonment (six months of imprisonment) sentenced by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor (six months of imprisonment) by the court below is too unhued and unreasonable.

2. Determination

A. In light of the background leading up to the instant crime, the means and method of the crime, and the circumstances before and after the crime committed, etc. acknowledged by the record as to the Defendant’s mental and physical assertion, it is not deemed that the Defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime.

Therefore, the defendant's above assertion is without merit.

B. We examine both the Defendant and prosecutor’s assertion of unfair sentencing on the grounds of unfair sentencing.

The instant crime constitutes an unfavorable sentencing element, such as: (a) the police officer, upon receiving the report, has obstructed the performance of official duties by emphasizing and threatening a knife the knife to the police officer; (b) the quality of the crime was inferior; (c) the Defendant was punished for obstruction of performance of official duties in the past; and (d) the Defendant committed the instant crime during the suspension of execution period; and (c) the police officer

However, in full view of the following circumstances: (a) the Defendant appears to recognize and reflect all the instant crimes; (b) the victimized police officer was not directly injured; and (c) the Defendant’s age, character and conduct, environment, details and contents of the crime; and (d) other factors that form the sentencing conditions indicated in the record, such as the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too heavy or too unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.

arrow