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(영문) 창원지방법원 2018.07.12 2018노1045
위계공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record on the assertion of mental disorder, even though the Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime, it cannot be deemed that the Defendant had committed a state of mental and physical weakness, beyond his mental and physical weakness, without the ability to discern things or make decisions. The lower court already mitigated the mental and physical weakness by taking into account such circumstances.

Therefore, the defendant's above assertion is without merit.

B. Even if the Defendant considered the circumstances favorable to the Defendant on the grounds of this part of the appeal, the lower court appears to have determined the sentence within a reasonable scope, taking full account of the overall circumstances regarding the sentencing.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, the defendant's above assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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