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(영문) 서울중앙지방법원 2013.11.28 2013노3143
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime with mental disorder, he was in a state of mental disorder by suffering from mental shock and alcohol due to the death of the Defendant’s punishment.

B. The lower court’s sentencing of an unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. The record on the assertion of mental disorder reveals that the Defendant’s punishment was dead on April 9, 2013 and that the Defendant was somewhat drinking at the time of the instant crime, but, in light of the circumstances indicated in the record, such as the background leading to the crime, the details of the crime, and the Defendant’s behavior before and after the crime, the Defendant lacks the ability to discern things and make decisions.

This part of the defendant's assertion is rejected, since it is not recognized that the defendant had reached the above status of absence of such ability.

B. As to the assertion of unfair sentencing, the Defendant’s mistake is in profoundly against the Defendant’s will be considered.

However, the Defendant committed the instant crime in spite of the history of punishment several times due to the crime related to violence; the Defendant was arrested as a police officer after receiving a report and arrested as a flagrant offender and thus the nature of the crime is not good; the Defendant, upon being sentenced to a fine of at least one million won, lost his/her eligibility to leave the office as an officer of the Housing Reconstruction and Improvement Project Association; however, Article 23(1)5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents only stipulates that the case where five years have not passed since he/she was sentenced to a fine of at least one million won for violating the same Act as one of the grounds for disqualification of an executive officer of the union, and thus, the amount of the fine to be sentenced to the Defendant as the instant crime is irrelevant to the qualification of an executive officer of the union; there is no change in special circumstances or circumstances that may newly be considered in the sentencing after the sentence of the court below; and there is no other Defendant.

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