(영문) 창원지방법원 2019.01.10 2018노1975 | 리걸엔진

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(영문) 창원지방법원 2019.01.10 2018노1975

공무집행방해등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the instant crime, the Defendant was in the state of having weak ability to either distinguish or make a decision on the treatment of cerebral surgery while taking a medicine to treat cerebral surgery at the time of the instant crime. (2) The punishment (fine 7 million won) sentenced by the lower court of unreasonable sentencing is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's claim of mental disability, the defendant appears to have been in a state of drinking at the time of the crime in this case. However, in light of the details and contents of the crime and the circumstances before and after the crime in this case, it does not seem to have reached a state of mental disability. Thus, the defendant's claim of mental disability in this

B. We examine both the defendant and prosecutor’s assertion of unfair sentencing on each of the grounds of unfair sentencing.

The defendant is against his wrongness and will not drink in the future.

It seems that the defendant's economic situation is not sufficient to limit the damage caused by the crime of this case.

This is the circumstances favorable to the defendant.

On the other hand, the crime of this case is not easy to obstruct a police officer's legitimate execution of his duties by causing violence to a police officer as the police officer called out and demands him to produce an identification card at the shop of a heavyphone.

The defendant committed violent crimes, including obstruction of performance of official duties, around 30 times, and again committed the crime of this case during the period of repeated crime.

This is disadvantageous to the defendant.

In addition, comprehensively taking into account the defendant's age, family relation, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, the sentence of the court below is too heavy or uneased.

유사 판례

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