(영문) 수원지방법원 2017.01.05 2016노7564 | 리걸엔진

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Reasons

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자간(%)

(영문) 수원지방법원 2017.01.05 2016노7564

공무집행방해등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental disorder was under the influence of alcohol at the time of each of the instant crimes, and had no or weak ability to discern things or make decisions.

2) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. Prosecutor - The above sentence sentenced by the lower court is too uneasible and unfair.

2. Determination

A. According to each evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, it is recognized that the Defendant was under the influence of alcohol at the time of each of the instant crimes.

However, in light of the circumstances leading to each of the instant crimes, the specific method of crime, the Defendant’s behavior and attitude committed before and after the commission of the crime, and the circumstances after the commission of the crime, etc., the Defendant had the ability to discern things or make decisions due to drinking at the time of each of the instant crimes, or had weak ability to do so.

Therefore, this part of the defendant's assertion is without merit.

B. We also examine each of the defendant and prosecutor’s wrongful arguments in sentencing.

Although the defendant is under the influence of alcohol, all of the crimes of this case are recognized even if the situation at the time is not well memory, the defendant deposited KRW 1 million for police officer E at the court below, KRW 400,000 for police officer G, and the defendant's relatives want to find the defendant's wife against the defendant is favorable to the defendant.

On the other hand, the crime of this case interferes with the police officer's execution of duties, such as assaulting the police officer G on the ground that the defendant was sent to E by a report of the residents who was sent by the defendant to a significant coding of music with the windows inside the apartment parking lot on the ground of the apartment, and thereby, he did not interfere with the above police officer's performance of duties, such as assaulting the police officer G, etc. on the ground that he was unsatisfed after he was sent to the police station. The crime of this case is not good

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