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(영문) 광주지방법원 2017.01.11 2016노4146
공용물건손상등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by four months of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) was the victim of the instant crime, and there was no assault against the victims, and Defendant did not agree to walk the right-hand course of the victimized police officer in relation to the obstruction of the performance of official duties under paragraph (2) of the same crime.

(2) At the time of the instant crime, the Defendant had weak intent or ability to discern things under the influence of alcohol.

(3) The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In light of the specific situation at the time of the instant crime, the victim F, I, G, H, and victim police officers’ statements consistent with each of the instant criminal facts at the time of the instant crime, which was duly adopted and examined by the lower court, and the Defendant’s breath-hon film (ROM) taken by the breath-hon-hon-hon-hon-hon-hon-hon-hon-h-kon-h-kon-h-kon-h-kon-h-kon-h-kon-h-kon-kon-h-kon-kon

Therefore, the judgment of the court below is just and the defendant's above assertion is without merit.

B. According to the evidence duly admitted and investigated by the lower court on the Defendant’s mental and physical weakness, the Defendant was deemed to have committed the instant crime while drinking, in view of the background leading up to the instant crime, the means and method of the crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, etc., and the Defendant was in a state of lacking ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

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

(c)

In order to establish the state's legal order and eradicate the light of public authority with respect to the illegal argument of sentencing, crimes that interfere with the execution of public duties are committed.

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