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(영문) 창원지방법원 2015.03.11 2015노62
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of each of the instant crimes, 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 of mental and physical disorder, although the defendant was deemed to have a drinking condition at the time of each of the crimes in this case, the court below did not have the ability or decision-making ability to discern things at the time of each of the crimes in this case, in light of various circumstances such as the background of the crime, the behavior before and after the crime, and the means and method of the crime.

It does not seem to be in a state or weak.

Therefore, the defendant's mental disorder is without merit.

B. The following facts are the circumstances favorable to the Defendant: (a) the Defendant led to the confession of unreasonable sentencing and reflects on the Defendant; (b) the Defendant did not want the Defendant’s punishment by agreement with the victims of the crime interfering with the business of this case; (c) the injury of the police officer who caused the obstruction of the performance of official duties of this case is minor; and (d) the Defendant is in the position to support his father/child, who is an elementary school student; and (e) the suspension of execution of imprisonment due to the previous conviction

However, each of the crimes of this case interferes with the duties of the above victims by force twice, and obstructs the performance of official duties by assaulting the police officer who was dispatched after receiving the report, and the case is not weak, and the defendant has been punished several times due to violence crimes. In particular, even though the crime of the same or similar crime is being suspended, the defendant again commits each of the crimes of this case, and the defendant did not reach an agreement with the police officer who suffered damage to the obstruction of performance of official duties, and the defendant is in the appellate trial on the crime of the obstruction of performance of official duties, etc.

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