logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.10.30 2014노2634
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. Under the influence of alcohol at the time of the instant crime, the Defendant had weak ability to discern things or make decisions.

B. Even if there is no unreasonable sentencing, the lower court’s sentencing (fine of five million won) is too unreasonable.

Judgment

A. According to the record as to the claim of mental disability, even though the defendant was found to have drinking alcohol at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the defendant's attitude before and after the crime of this case, and the behavior, etc., it is not deemed that the defendant had the weak ability to discern things or make decisions at the time of the crime of this case. Thus, this part of the defendant'

B. The fact that the defendant made a confession of all the crimes of this case and reflects in depth on the assertion of unfair sentencing is favorable to the defendant, or that the defendant has been subject to criminal punishment five times in total, including that he was punished four times prior to the crime of this case. The crime of this case is an injury to the victims without any special reason, and the crime of this case is committed by assaulting a police officer on official duty, and the nature of the crime is not good in light of the circumstances of the crime, degree of injury, etc., the defendant did not reach an agreement with the victims. Nevertheless, considering the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, and other various circumstances that are conditions for sentencing specified in the records and arguments of this case, the sentencing of the court below is too unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is groundless. It is so decided as per Disposition

arrow