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(영문) 수원지방법원 2019.07.12 2019노1219
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) While under the influence of alcohol at the time of committing a crime of mental illness, the Defendant was in a state of mental disability. 2) The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination

A. In light of the circumstances acknowledged by the record as to the Defendant’s claim of mental disability, the method and method of the crime, and the circumstances before and after the crime, it cannot be deemed that the Defendant lacks the ability to discern things or make decisions at the time of the crime.

Therefore, the defendant's above assertion is not accepted.

B. There is no change in the conditions of sentencing compared to the judgment of the court below on the assertion of unfair sentencing by the defendant and prosecutor, and it is reasonable to respect the sentencing of the court below where the sentencing does not deviate from the reasonable scope

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.

In addition, comprehensively taking into account the following circumstances, such as the character, conduct, environment, motive, means, and consequence of the crime committed by the defendant as revealed in the arguments at the court below and the party hearing, the sentence of the court below is too heavy or unreasonable because it goes beyond the reasonable scope of discretion.

Therefore, we cannot accept each of the defendant and prosecutor's allegation of unfair sentencing.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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