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(영문) 의정부지방법원 2020.04.02 2019노300
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 committed a crime in a state of mental disorder or mental disorder, and thus, the sentence should be reduced or exempted. 2) The sentencing division (in the original instance: imprisonment with prison labor for two months)

B. Prosecutor: Sentencing;

2. Determination

A. Reviewing the Defendant’s mental and physical assertion, the record reveals that the Defendant was under the influence of alcohol at the time of committing the instant crime, but it cannot be deemed that there was an obstacle to the Defendant’s property change or decision-making ability.

Therefore, the defendant's assertion on exemption from employment is rejected.

B. In full view of various circumstances, including the Defendant’s character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, etc., the lower court’s punishment is not deemed to be too minor or unreasonable.

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

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

[On the other hand, the second part of the judgment of the court below, which clearly states a clerical error, shall be corrected to D'(Article 25 of the Criminal Procedure Rule).

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