(영문) 서울남부지방법원 2016.09.30 2016노1275

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(영문) 서울남부지방법원 2016.09.30 2016노1275

특수공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental and physical loss or mental weakness due to the mental and physical disorder.

B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is excessively unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical disorder, it is acknowledged that the defendant had been under the influence of alcohol to a considerable extent at the time of committing the instant crime, but in light of the circumstances such as the background of the instant crime, the content and attitude of the defendant at the time of committing the instant crime and the statement before and after the instant crime, the defendant had no or weak ability to make a decision, due to mental and physical disorder

It does not seem that it does not appear.

B. As to the wrongful argument of sentencing, ① the fact that the Defendant recognized the instant crime is favorable.

② However, even if the Defendant had been subject to criminal punishment until 36 times, there is no change in circumstances that may be reflected in the sentencing after the sentence of the lower judgment, ③ In full view of all the circumstances, including the fact that the Defendant was sentenced to imprisonment for a period of one year for interference with the performance of official duties in 2015 and the completion of the sentence, the Defendant again committed the instant crime during the period of repeated crime at one month, and that the Defendant threatened and saluted the Seoul Young Military Police Station D police Station for three times, and the Defendant threatened and saluted the police, etc., and that there is a very bad character of the crime; the police would have been more likely to lead to a more serious crime; the fact that there is no further change in circumstances that may be reflected in the sentencing after the sentence of the lower judgment; and ③ the circumstances, means, results, and circumstances after the crime of this case were committed, it cannot be deemed that the sentence of the lower court is excessively unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

유사 판례

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