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(영문) 서울중앙지방법원 2013.03.29 2012노3946
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental and physical disorder committed the instant crime under the influence of alcohol, under the influence of alcohol, while having weak capacity to discern things or make decisions.

B. In view of the fact that the Defendant is against unreasonable sentencing, and the payment of benefits has not been made for a long time, the sentence of the lower judgment (fine 4,000,000) is too unreasonable.

2. Determination

A. As to the assertion of mental disorder, the Defendant peeped a considerable amount of alcohol at the time of the instant case.

However, in light of the background leading up to the problem of boarding with a taxi engineer, the motive for the instant crime, such as words or actions to police officers at the D Zone, and various circumstances before and after the instant crime, the Defendant does not seem to have reached a weak level of ability or intent to discern things under the influence of alcohol at the time of the instant crime.

Therefore, the defendant's mental disorder is without merit.

B. The instant case is highly likely to criticize a police officer who had been punished for the obstruction of performance of official duties even before the instant case is judged on the assertion of unfair sentencing as a matter of use of abusive and violent violence against a police officer who had been on duty in the state of drinking.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, the background, means and consequence of the crime, and all the circumstances constituting the sentencing conditions specified in the instant records and pleadings, it does not seem that the sentence of the lower judgment is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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