(영문) 수원지방법원 2018.09.21 2018노3080 | 리걸엔진

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(영문) 수원지방법원 2018.09.21 2018노3080

공무집행방해

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

B. The punishment (4 million won) imposed by the lower court on the Defendant is too heavy or (the Defendant) is too heavy.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s mental and physical disability argument, it appears that the Defendant was under the influence of alcohol at the time of the instant crime, but in light of the details and content of the crime and the circumstances before and after the instant crime, it does not seem that the Defendant committed the physical and mental weakness. Therefore, the Defendant’s mental and physical disability argument is without merit.

B. We examine both the Defendant and the prosecutor’s unfair argument of sentencing as to the Defendant and prosecutor’s unfair argument of sentencing.

The defendant is led to the crime of this case, and the damage is not serious.

Defendant has no record of criminal punishment, other than punishment imposed once by a fine.

The defendant supports his wife, children, and parents with poor health.

This is the circumstances favorable to the defendant.

Meanwhile, on the other hand, the Defendant, on the ground that there is a disturbance in drinking, caused by the disturbance of drinking, that the Defendant obstructed the legitimate execution of duties by a police officer twice due to the generation of buckbucks that require him/her to get off without permission on the back seat of the patrol vehicle, and that the crime is not exceptionally applied.

The defendant has been guilty of violence and has been sentenced to suspension of indictment by the prosecution on July 2013.

This is disadvantageous to the defendant.

In addition, comprehensively taking into account the Defendant’s age, family relation, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. Conclusion.

유사 판례

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