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(영문) 서울북부지방법원 2018.09.07 2018노765
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The sentence of the lower court’s unfair sentencing (two years of suspended execution in August, and one hundred and sixty hours of community service order) is too unreasonable.

2. According to the records of the instant case’s assertion of mental and physical weakness, although the Defendant appears to have served alcohol at the time of committing the instant crime, in light of the background leading up to the instant crime, the means and method of committing the instant crime, the circumstances before and after the instant crime, etc., the Defendant had the ability to discern things or make decisions.

shall not be deemed to exist.

The defendant's above assertion is rejected.

3. Although there are circumstances such as the fact that police officers E submitted a written application to the defendant in the first instance for the judgment on the unfair argument of sentencing, the defendant recognized the crime of this case and divided the wrong facts, and the degree of violence is relatively minor, the crime of obstructing the performance of official duties is a crime that undermines the function of the national legal order and thus requires strict punishment corresponding thereto. The crime of this case is heavy since the defendant did not pay a taxi fee to a police officer who served there at the same time and did assault at the same time.

In full view of the fact that the Defendant appears to have been sentenced to a fine for violent crimes in the past, and all other sentencing circumstances, including the Defendant’s age, sex, family relation, motive, means and consequence of the crime, and the circumstances after the crime, the Defendant’s above assertion by the Defendant cannot be accepted, since the Defendant’s punishment imposed by the lower court is unlimited and it does not seem unfair.

4. 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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