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(영문) 서울북부지방법원 2016.09.30 2016노1285
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the crime.

B. The punishment of the lower court is heavy.

2. Determination

A. According to the evidence duly examined and adopted by the court below, the defendant was found to have served alcohol at the time of committing the crime but was in a mental and physical state due to the fact.

subsection (b) of this section.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

Considering the Defendant’s petition of appeal, statement of reason for appeal, and other factors of sentencing revealed in the record of trial, the lower court’s punishment is heavy even considering the circumstances alleged by the Defendant.

subsection (b) of this section.

3. The defendant's appeal is dismissed without pleading pursuant to Article 364 (5) of the Criminal Procedure Act.

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