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(영문) 인천지방법원 2018.02.02 2017노4557
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 under the influence of alcohol and had no or weak ability to discern things.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the background, means and method of each of the crimes of this case, the Defendant’s behavior before and after the commission of the crime, and the circumstances after the commission of the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder, it is not deemed that the Defendant was aware that he had drinking at the time of each of the crimes of this case, but has lost or weak ability to discern things or make decisions.

Therefore, we cannot accept the defendant's above assertion.

B. The fact that the Defendant made a confession of the instant crime and recognized his mistake, that the Defendant deposited a total of KRW 2 million in the name of the victimized police officers (one million won in each of the original judgment and each of the original trials), that the Defendant’s spouse and the person who was de facto marriage wanted to be leading the Defendant, and that the Defendant’s spouse and the person who was de facto marriage wanted to be leading the Defendant, are favorable to the Defendant.

However, the fact that the defendant committed the crime of this case during the period of repeated crime due to the same crime, that the defendant has been subject to criminal punishment more than 20 times, that there are three criminal records of the same kind including the records of criminal punishment, and that the illegality of the crime of this case committed by the defendant due to drinking and salping, that the illegality of the crime of this case committed by the police officer is not easy, that the defendant did not reach an agreement with the victimized police officer, and that he did not receive a letter from the victimized police officer

The scope of the recommended sentence stipulated in the above circumstances and the sentencing guidelines of the Supreme Court (one year to four years of imprisonment, and the aggravated area of the crime of obstructing the performance of official duties) / [the types of decisions] the sentencing guidelines for the crime of obstructing the performance of official duties.

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