(영문) 부산지방법원 2016.04.29 2016노338 | 리걸엔진

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(영문) 부산지방법원 2016.04.29 2016노338

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time, the Defendant had committed each of the instant crimes in a state of mental and physical weakness without any memory, under the influence of alcohol at the time.

B. The punishment of the lower court’s unfair sentencing (10 months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, means and methods of each of the instant crimes, the contents of the crime, and the circumstances after the crime, etc., it cannot be deemed that the Defendant, under the influence of alcohol, did not lack the ability to discern things or make decisions. Thus, the Defendant’s mental and physical weakness allegation is without merit.

B. The fact that the defendant recognized the instant crime and reflected his mistake, and that the defendant deposited KRW 500,000 for each of the damaged police officers as the repayment of damage is recognized as favorable to the defendant.

However, in order to eliminate the awareness of the legitimate public authority and establish a legal order, there is a need for a severe punishment with regard to the crime obstructing the performance of official duties, such as the instant case, and the Defendant has the history of criminal punishment for violent crimes, and the Defendant has been sentenced to six months of imprisonment with prison labor due to the obstruction of the performance of official duties. Each of the instant offenses is a criminal committed during the period of repeated crimes, and the Defendant’s age, sex, environment, background and motive leading to the instant offense, and all other matters on the sentencing as indicated in the records and changes in the instant case. In full view of the fact that each of the instant offenses is a criminal committed during the period of repeated crimes, the lower judgment’s punishment is too excessive, and thus, it cannot be deemed unfair.

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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