logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.08.30 2013노653
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant is as follows: first, the court below erred by violating the Constitution, laws, orders, or rules, or by misunderstanding the legal principles, which affected the conclusion of the judgment; second, the defendant was in a mental and physical state under the influence of alcohol at the time of the crime of this case; third, the court below's punishment against the defendant is too unreasonable.

2. In light of the records, first of all, the evidence duly adopted and examined by the court below as to the assertion of misunderstanding legal principles, the court below's judgment that found the defendant guilty of the charge of assaulting E, a police officer performing legitimate duties as stated in the facts constituting a crime in the judgment below, can be sufficiently recognized, and it cannot be said that there was an error of law that affected the conclusion of the judgment by violating the Constitution, laws, orders, or rules, or by misapprehending the legal principles on the premise above. Thus, this part

Next, in full view of all the circumstances, including the motive, background, means and method of the instant crime as indicated in the record, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, this part of the assertion is without merit, since it cannot be seen as having reached a state or weak.

Finally, regarding the assertion of unfair sentencing, the lower court appears to have determined the penalty by reducing the fine amount of the summary order (the fine of KRW 500,000) against the Defendant, taking into account all the circumstances already, by taking into account the fact that there is no change in circumstances after the lower judgment was sentenced, and other various sentencing conditions specified in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.

arrow