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(영문) 서울동부지방법원 2020.12.18 2020노1331
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The criminal defendant committed obstruction of performance of official duties in the judgment of the court below is under the influence of alcohol and thereby committed in a state of mental disorder or mental disability.

Nevertheless, the judgment of the court below that did not consider the defendant at the time of the above crime or the state of mental disability is unlawful.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The defendant's assertion of mental disorder is deemed to have been under the influence of alcohol at the time of the crime of obstruction of performance of official duties as stated in the judgment of the court below, but in full view of the circumstances of the crime, the process of the crime, the defendant's behavior before and after the crime, etc., it is not deemed that the defendant has a lack or weak ability to discern things or make decisions. Therefore

B. The lower court’s judgment on the assertion of unfair sentencing seems to have reasonably decided the punishment, taking into account all the circumstances, including various grounds for sentencing asserted by the Defendant, and there is no change in the sentencing conditions that may change the punishment compared to the lower court, and in full view of various sentencing conditions, including the Defendant’s age, character and conduct, environment, background of the crime and circumstances after the crime, etc., it cannot be deemed that the lower court

Therefore, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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