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(영문) 서울중앙지방법원 2017.01.20 2016노4309
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The abstract of grounds for appeal (mental disorder and sentencing);

A. At the time of committing each of the instant crimes, the Defendant was physically and mentally deprived or physically weak.

B. The punishment sentenced by the first instance court (one year and two months of imprisonment and a fine of 500,000 won) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, the Defendant is deemed to have been under the influence of alcohol at the time of each of the crimes in this case, but in light of the circumstances leading to each of the crimes, the means and method of the crimes, and the circumstances after the crime, etc., the Defendant had no or weak ability to discern things or make decisions.

Therefore, the defendant's above assertion is rejected.

B. In full view of the various circumstances that are the conditions for sentencing, such as the Defendant’s age, sexual conduct, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime was committed, with regard to the unfair argument of sentencing, it is difficult to view that the sentence imposed by the first instance court is unfair because it goes beyond the scope of the sentencing discretion, even though the Defendant agreed with the police assigned for special guard.

Therefore, the defendant's improper assertion of sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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