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(영문) 대구지방법원 2016.06.15 2016노1351
공무집행방해등
Text

The defendant's appeal is dismissed.

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 and physical loss or mental weakness by drinking alcohol.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the defendant was found to have dice to a certain degree at the time of each of the crimes in this case, in light of the defendant's usual drinking amount, the course and process of the crime, the means and method, the defendant's behavior before and after the crime, etc., the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the Defendant’s judgment on the unfair argument of sentencing is divided into his mistake, that the Defendant agreed with the police officer E, and that the damaged toilet change cost has been reimbursed.

However, each of the crimes of this case was committed by threatening a police officer to obstruct the performance of official duties by threatening the defendant in the performance of official duties, resulting in the arrest of the defendant in the act of committing an act in the crime at the detention room of the police station, and then, it was necessary to strictly punish the defendant when considering the recent situation of public authority by opening the toilet lids installed in the detention room in the police station. The police officer still desires to punish the defendant, separate from the defendant's agreement, in the same crime, and there is still a history of fine, one time of punishment, one time of punishment, and one time of punishment, and the defendant committed each of the crimes of this case, even though there was a history of fine, suspension of execution, and punishment for violent crimes, and there was no change of circumstances that are different from the judgment of the court below, and the defendant's age, sex, environment, motive, means and result of each of the crimes of this case, and the circumstances of this case after the crime.

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