(영문) 부산지방법원 2016.01.06 2015노3368 | 리걸엔진

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(영문) 부산지방법원 2016.01.06 2015노3368

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was suffering from stimulative disorder, so there was no or weak ability to discern things or make decisions.

B. The punishment of the lower judgment that was unfair in sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below, it is found that the defendant suffered from the polar disorder at the time of committing the crime of this case, but in light of the circumstances leading to the crime, the method and method of the crime, and the circumstances after the crime, etc., it seems that the defendant did not have the ability to discern things or make decisions, and therefore, this part of the defendant's assertion is without merit.

B. In light of the following: (a) the Defendant was unable to have avoided disturbance at a convenience store; and (b) assaulted the police officer on the part of the Defendant after having received a report on such disturbance; (c) the nature of the crime is not less and less light of the method of committing the crime by using a motor vehicle key; and (d) the Defendant was under investigation by the police after the instant crime was committed and was under investigation by the police, and his attitude is seriously against the Defendant.

In full view of the fact that it is not visible, that the defendant did not make any effort to recover damage, such as the defendant's death to police officers, and that the defendant's age, family relationship, health status, motive and circumstances leading to the crime, the primary offender, and all other matters concerning the sentencing as shown in the records and arguments of this case, the judgment of the court below is deemed appropriate, and therefore, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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