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(영문) 수원지방법원 2016.06.01 2015노6852
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental and physical disorder by drinking alcohol at the time of the instant crime (the grounds of appeal revealing that the Defendant stated “the Defendant committed the instant crime under the influence of alcohol” as the assertion of mental and physical disorder). B. The sentence of the lower court’s unfair sentencing (4 million won) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, although the defendant was aware that he had drinking alcohol at the time of the crime of this case, considering the circumstances leading to the crime of this case, the method of the crime, the time of the crime and the circumstances after the crime, etc., it cannot be deemed that the defendant did not have the ability to discern things or make decisions due to drinking alcohol at the time of the crime of this case.

Therefore, the defendant's mental disorder is without merit.

B. The Defendant reflects the offense, and there is no previous conviction in Korea.

However, the defendant assaulted a police officer who performs legitimate duties and interfered with the performance of his official duties, and such an offense requires punishment because it disregards public authority.

In addition, considering all other circumstances such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's improper assertion of sentencing is without merit.

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

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