logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.05.15 2017노576
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental disorder arising from the main crime.

B. The punishment sentenced by the lower court (six months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, although the defendant appears to have served alcohol at the time of each of the crimes in this case, in light of the background leading up to the crime, the defendant's movement at the time of the crime, the means and method of the crime, the circumstances after the crime, etc., the defendant was in the state of having no or weak ability to discern things or make decisions due to drinking at the time of the crime in this case.

It does not seem that it does not appear.

B. The instant crime of determining the illegality of sentencing is a situation unfavorable to the Defendant, such as: (a) the Defendant’s motive at the head office operated by the victim, obstructing the operation of the head office and obstructing the performance of official duties by taking the police officer’s side advantage of the police officer dispatched, etc.; and (b) the Defendant’s history of punishment for the same kind of crime is several times.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant reflects his mistake, each of the crimes in this case is deemed to have been committed by the defendant while under the influence of alcohol, and there are some conditions to take into account the motive and background of the crime, and that there was a smooth agreement with the victim of the crime of obstructing official duties. The police officer of the crime of obstructing official duties also agreed with the victim. The police officer of the crime of obstructing official duties also wishes to take advantage of the circumstances favorable to the defendant, such as the defendant's age, sex, environment, family relationship, health status, and other various sentencing conditions as stated in the records and the theory of changes, the sentence imposed by the court below is somewhat unreasonable.

arrow