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(영문) 서울서부지방법원 2016.11.17 2016노1182
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, was in the state of having no or weak ability to discern things or make decisions due to drinking, and the instant punishment shall be mitigated or exempted.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is not recognized that the defendant had a considerable amount of alcohol at the time of the crime of this case, but in light of the defendant's speech and behavior at the time of the crime of this case, the circumstances after the crime of this case, etc., it is not recognized that the defendant at the time did not have the ability to discern things or make decisions.

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

B. It is recognized that the Defendant’s determination on the assertion of unfair sentencing is both led to the confession and reflect on all the instant crimes.

However, on May 14, 2013, the Defendant was sentenced to six months of imprisonment for the crime of obstruction of performance of official duties and completed the execution of the above sentence on May 1, 2014, and committed the same crime without being aware of the fact that the Defendant had been sentenced to a suspended sentence of imprisonment with prison labor for the crime of obstruction of performance of official duties, two times as a result of the crime of obstruction of performance of official duties, and one of the records of having been sentenced to a suspended sentence of imprisonment for the crime of obstruction of performance of official duties, the degree of the assault in this case, the Defendant’s age, character and conduct, environment, and the background and consequence of the instant crime, and other various sentencing factors indicated in the argument in this case, such as the circumstances after the crime, are considered to be excessive, and thus, the Defendant

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

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