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(영문) 서울서부지방법원 2016.10.27 2016노789
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant crime, was in a state of mental and physical weakness under the influence of alcohol.

Nevertheless, the judgment of the court below which did not reduce the amount of mental disability is erroneous in the misapprehension of legal principles.

B. The lower court’s determination on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. It is recognized that the defendant was in a state of drinking alcohol at the time of the crime of this case, but in light of the defendant's behavior before and after the crime of this case, the defendant's speech and behavior shown in the records, etc., it is not judged that the crime of this case did not change things or lacks the ability to make a decision. Thus, the defendant's claim of mental disability is rejected.

B. The lower court appears to have determined the sentence in consideration of all the following circumstances, and there was no change in circumstances in the trial.

In addition, considering various sentencing conditions shown in the records and pleadings, such as the background and means of the crime, the circumstances after the crime, the defendant's career, character and conduct, environment, etc., the lower court's punishment is deemed appropriate and it cannot be deemed unreasonable to the extent that the lower judgment should be reversed

The police officer did not injure the defendant by committing the crime.

The defendant reflects his wrongness.

However, even though the defendant had been punished several times due to violent crimes, he has repeatedly committed crimes such as interference with business under the influence of alcohol.

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

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