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(영문) 창원지방법원 2018.02.08 2017노3250
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was physically and mentally weak at the time of committing a crime interfering with the performance of official duties.

2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination:

A. In light of the circumstances acknowledged by the evidence duly adopted and examined by the lower court concerning the Defendant’s mental and physical weakness and various circumstances such as the Defendant’s behavior before and after the commission of the crime, the Defendant was unable or weak to discern things due to drinking at the time of the crime obstructing the performance of official duties.

Since the defendant cannot be seen, the above argument by the defendant is rejected.

B. Regarding the argument of unfair sentencing by the defendant and the prosecutor, the defendant was sentenced to a fine on five occasions due to drinking driving, etc., a one-time suspension of execution, a fine for driving without a license, a one-time suspension of execution of official duties, and a three-time suspension of execution and a three-time suspension of execution of official duties, and the defendant was released on April 20, 2015. The defendant committed each of the crimes in this case during the repeated crime period. The defendant committed each of the crimes in this case during the repeated crime period. At the time, the alcohol concentration level was considerably higher than 0.239%; the defendant controlled the drinking, and obstructed legitimate execution of official duties by interfering with the victim, who is the police officer, with a view to regulating the drinking alcohol control, such as the fact that the nature of the crime is not good, a number of violent crimes, and a number of criminal records and criminal records committed against the defendant.

However, the fact that the defendant recognized all of the crimes, the distance of the defendant's driving after drinking alcohol is shorter than 400 meters, the defendant deposited 50,000 won in the original trial for the victim, 1.5 million won in the original trial for the victim, and the defendant supports two of his wife and minor children in de facto marital relationship.

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