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(영문) 서울중앙지방법원 2014.05.01 2014노766
재물손괴등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants, at the time of committing the instant crime, were in the state of mental disorder or mental disorder.

B. Each sentencing of the lower court (Defendant A: a fine of KRW 4 million, Defendant B: a fine of KRW 3 million) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, the defendants could recognize the fact that they were drinking at the time of the crime of this case. However, in light of the circumstances revealed in the records, such as the background leading up to the crime, details of the crime, and the defendants' actions before and after the crime of this case, the defendants did not have the ability to discern things or make decisions due to drinking at the time of

Since it is not recognized that the Defendants were in a state or weak condition, the above assertion by the Defendants is without merit.

B. There are extenuating circumstances such as the Defendants’ conviction in depth of the mistake, the Defendants did not have any history of having been sentenced to imprisonment without prison labor or heavier punishment, and the Defendant A agreed with K and K on the victims of the crime of causing property damage as stated in the lower judgment, and that K did not have the punishment of the said Defendant.

However, in order to protect legitimate performance of official duties and to establish sound social order, there is a need for strict punishment of obstruction of performance of official duties. The court below, considering the above circumstances favorable to the Defendants, has already been imposed by the court below, and there is no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the court below. In full view of other various circumstances, including the defendants’ age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the court below's each sentence imposed by the court below is too unreasonable. Thus, the defendants' assertion is without merit.

3. Conclusion, the Defendants’ conclusion is eventually.

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