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(영문) 서울남부지방법원 2015.02.12 2014노2025
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The appeal by the defendant and its judgment

A. The grounds for appeal (1) mental disorder: The defendant was in a state of mental disorder under the influence of alcohol at the time of the instant case.

(2) Unreasonable sentencing: The sentence of the lower judgment (eight months of imprisonment) is too unreasonable.

B. (1) In full view of the circumstances revealed in the records and pleadings of this case regarding the assertion of mental disorder, the Defendant is deemed to have been under the influence of drinking alcohol to a certain extent at the time of the crime of this case, but the Defendant did not have the ability to discern things or make decisions in light of the form and method of the crime of this case.

did not appear to have existed in or weak condition.

(2) Examining the instant judgment on the assertion of unfair sentencing and the reasons for sentencing on the judgment of the court below on the grounds of the judgment of the court below, the sentence of the court below is too unreasonable, and the same is also applicable even when considering the circumstances of the Defendant’s deposit in the court room.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

2. The correction of the judgment of the court below shall be corrected in accordance with Article 25 of the Regulations on Criminal Procedure, and the first and fourth steps in the column of application of the Act on Criminal Procedure shall be corrected as follows:

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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