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(영문) 대구지방법원 2017.05.31 2017노462
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was mentally and physically weak, suffered from alcohol-related pains, depressions, etc. at the time of the instant crime, and was in a state of mental and physical weakness that lacks the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

B. The punishment sentenced by the lower court (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the assertion of mental and physical weakness, the defendant was suffering from the disability and alcohol pain at the time of each of the crimes of this case. After each of the crimes of this case, the defendant was hospitalized with the mental department of AM hospital after each of the crimes of this case. The defendant is acknowledged to have been drinking at the time of each of the crimes of this case, but, in full view of the circumstances leading up to the crime, the method and method of the crime, the defendant's behavior before and after the crime, and the circumstances after the crime, etc., the defendant was in a state that he did not have the ability to discern things or make decisions.

It does not seem that it does not appear.

Therefore, the defendant's above assertion is without merit.

B. Each of the crimes of this case with regard to the determination of unfair determination of sentencing causes physical and economic damage to the victims several times without any particular reason, and prevents police officers dispatched for this reason from performing their legitimate official duties, and such crime is not likely to be committed.

The criminal records of the defendant's violent crime leads to a number of times.

Damage to the victims except U.S. victims has not been recovered.

In full view of the above circumstances and other sentencing conditions, such as the Defendant’s age, sex, environment, circumstances leading to the commission of the offense, and circumstances after the commission of the offense, etc., the sentence imposed by the lower court is too unreasonable even if the Defendant recognized the Defendant’s mistake and reflects the Defendant’s wrongness, and considering the fact that the Defendant’s health conditions are not good due to the symptoms of alcohol alcohol, etc.

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