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(영문) 창원지방법원 2019.02.19 2018노2822
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant appears to have been under the influence of alcohol at the time of the crime of this case. However, in light of the details and contents of the crime and the circumstances before and after the crime, it does not seem to have reached the state of mental disorder. Thus, the above argument by the defendant is without merit.

B. If there is no change in the conditions of sentencing compared to the judgment of the court below on the assertion of unfair sentencing, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015, etc.). The lower court, under favorable circumstances, determined a sentence against the Defendant, taking account of the accumulated punishment power into account the following: (a) the Defendant’s confession of the instant crime; (b) the need for treatment and assistance for repeating the principal offender; and (c) the need for supporting the wife of a disabled person in a de facto marital relationship; and (d) the accumulated punishment power has been determined.

The grounds for unfair sentencing alleged by the defendant as the grounds for appeal are already considered by the court below. There are no circumstances to deem that the above conditions of sentencing have changed in the court below, and even if considering the above conditions of sentencing again, the court below's sentencing is determined to be reasonable within the reasonable scope of discretion.

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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