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(영문) 서울중앙지방법원 2014.12.30 2014노4127
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in the state of mental disorder or mental disorder.

(2) The lower court’s sentencing of an unreasonable sentencing (2 million won of fine) is too unreasonable.

B. The lower court’s sentencing is too unfortunate and unreasonable.

2. Determination on the grounds for appeal

A. According to the records on the Defendant’s assertion of mental disorder, even though the Defendant was in a drunken state at the time of committing the instant crime, the Defendant did not have the ability to discern things or make decisions due to drinking at the time of committing the instant crime in light of the circumstances revealed in the records such as the background leading up to the crime, details of the crime, and the Defendant’s act before and after

not deemed to have been or was in a weak state.

The defendant's mental disorder is without merit.

B. The Defendant’s error in determining the allegation of unfair sentencing by the Defendant and the prosecutor is in depth divided, and the Defendant has no record of having been punished for the same kind of crime or imprisonment without prison labor or more.

On the other hand, it is also necessary to punish the crimes of obstruction of the performance of official duties in order to protect the legitimate performance of official duties and establish a sound social order.

In full view of such various circumstances as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., and the sentencing conditions indicated in the record, the sentence imposed by the lower court is excessively unreasonable.

It is not recognized that it is improper because it is too unhued or too unhued.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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