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(영문) 서울남부지방법원 2017.10.10 2017노1159
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness while under the influence of alcohol at the third degree.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, the Defendant committed the instant crime in a state that the Defendant had no or weak ability to discern things at the time of committing the instant crime.

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

B. In full view of the circumstances that the court below rendered on the grounds of sentencing (including multiple criminal records, etc. of 30 times the same kind of criminal records), and all of the sentencing conditions in the records and arguments, including the fact that there is a need for strict punishment for the establishment of public authority and the protection of legal order, as to the unfair argument of sentencing, the sentence imposed by the court below is deemed appropriate, and is too unreasonable, and thus, there is no reason for the defendant’s unfair argument of sentencing.

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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