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(영문) 광주지방법원 2018.11.08 2018노1624
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (1) The Defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime.

(2) The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended sentence, two years of observation of protection, and two years of alcohol dependence treatment) is too unreasonable.

2. (1) According to the records of the instant case’s determination on the assertion of mental and physical weakness, it is recognized that the Defendant was under the influence of alcohol at the time of the instant case, but the Defendant lacks the ability to discern things or make decisions.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

(2) The fact that the Defendant’s judgment on the unfair argument of sentencing reflects the offense is favorable to the Defendant, while the following points are disadvantageous to the Defendant.

The degree of obstruction of official duties of the defendant due to the crime of this case is significant.

In addition, even though the defendant has been punished several times due to the crime of violence or interference with the performance of official duties, he committed the crime of this case.

Considering the criminal history, criminal records, diagnosis details, etc. of the defendant, it is judged that the defendant was addicted to drinking alcohol or addicted to it.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the commission of the instant crime, etc., and the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. 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 groundless.

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