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(영문) 서울중앙지방법원 2015.12.09 2015노2736
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) At the time of the instant case, the Defendant was in a state of mental disorder under the influence of alcohol.

(2) The lower court’s sentence of unreasonable sentencing (fine 2,00,000) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was in a drunken state at the time of the instant case, in light of the background, means and methods of the instant crime, circumstances after the crime, etc., the Defendant did not have the ability to discern things or make decisions due to drinking.

did not appear to have existed in or weak condition.

We cannot accept this part of the defendant's argument.

B. We examine both the Defendant and the prosecutor’s assertion of unfair sentencing regarding the Defendant and prosecutor.

The fact that the defendant used violence against the police officer who performed official duties without special circumstances, and thus the nature of the crime is not good, and that he has been punished for the violent crime is disadvantageous to the defendant.

However, in full view of all the circumstances, including the fact that the defendant recognized the crime and made a mistake against the victim, that the defendant agreed with the victim, that the defendant must support the child, and that the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime were committed, it is not recognized that the court below's punishment is heavy or unreasonable.

The defendant and prosecutor's argument cannot be accepted in entirety.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the Defendant and the prosecutor are without merit.

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