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(영문) 서울북부지방법원 2016.07.12 2016노1011
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was unable to discern things or make decisions due to drinking, or was in weak condition.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of judgment on the assertion of mental and physical loss or mental weakness, the defendant's drinking at the time of committing each of the crimes in this case is recognized.

However, in light of the circumstances leading up to the instant crime, the means and methods of the crime, and the circumstances after the crime, etc., the Defendant had no or weak ability to discern things or make decisions due to drinking at the time of the instant crime.

It does not appear.

Defendant’s assertion is not accepted.

B. The Defendant recognized the instant crime and divided his mistake with respect to the wrongful argument on sentencing.

However, the defendant interfered with the legitimate performance of official duties by obstructing the operation of the victim's taxi and assaulting police officers who perform official duties by means of abusiveing the victim C, who is a taxi engineer, and the nature of such crime is not good.

On December 4, 2014, the Defendant was sentenced to two years of suspension of execution on October by obstructing the performance of official duties at the Seoul Central District Court on December 4, 201, and the said judgment became final and conclusive on the 12th of the same month, and each of the instant crimes was committed during the suspension period.

The crime of interference with the execution of official duties is a crime that undermines the function of the state by nullifying the legitimate exercise of public authority, and therefore, it is necessary to strictly punish the state in order to establish the legal order and eradicate the light of public authority, and the victims' damages have not been restored.

There is no change in circumstances that would otherwise determine the original judgment and the punishment in the first instance.

In addition, the records of this case, such as the defendant's age, sex, family environment, means and results of the crime, and circumstances after the crime.

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