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(영문) 서울북부지방법원 2014.05.23 2014노302
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental disability under the influence of alcohol.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. In light of various circumstances indicated in the record, such as the course and process of the instant crime and the Defendant’s act before and after the instant crime, even if the Defendant was under the influence of alcohol at the time of the instant crime, it does not seem that the Defendant did not have the ability to discern things or make decisions. Therefore, this part of the Defendant’s assertion is without merit.

B. Although the defendant made a confession of the crime of this case in an unreasonable sentencing, the crime of this case is in profoundly against the defendant's depth. However, there was a dispute over the defendant's will, and accordingly, the defendant was dispatched to the 112 report and used to restrain the defendant to commit the crime of this case. The defendant committed the crime of this case during the period of probation, and in full view of various circumstances, such as the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and consequence of the crime, circumstance after the crime, criminal records, etc., the defendant's allegation on this part is not reasonable.

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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