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(영문) 대구지방법원 2015.10.30 2015노3534
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the records as to the assertion of mental disorder in this case, even though the defendant was in a drunken state at the time of each of the crimes in this case, considering such circumstances, considering the circumstances, the defendant's attitude and behavior before and after each of the crimes in this case, and the circumstance after each of the crimes in this case does not seem to have reached a state where the defendant was unable to discern things or make decisions at the time of each of the crimes in this case, and thus, the defendant's mental and physical disorder argument cannot be accepted.

B. As to the assertion of unfair sentencing, each of the facts charged in this case is acknowledged by the defendant at the trial, and the fact that the defendant agreed with the victim F and I are favorable to the defendant. On the other hand, the defendant's crime of obstruction of performance of official duties in this case requires strict punishment as a crime that undermines the function of the State by nullifying legitimate exercise of public authority. There are 20 previous charges due to violence and obstruction of performance of official duties. Among them, the defendant's punishment amount due to the crime of obstruction of official duties in this case exceeds three times. Nevertheless, in light of repeated crime of this case, it is recognized that it is necessary to strictly punish the defendant as it is judged that the defendant still did not go against his mistake, and continuously shows a behavior of disregarding public authority. Each of the crimes in this case is committed during the period of repeated crime, and other various circumstances revealed in the records and arguments, such as the defendant's age, character and behavior, environment, etc., even if considering the defendant's argument, the sentence of the court below is too excessive.

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