(영문) 서울서부지방법원 2015.06.04 2015노479

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(영문) 서울서부지방법원 2015.06.04 2015노479

특수공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.

B. The sentence imposed by the lower court (one hundred months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to the records on the determination of mental and physical disability, even though the defendant was in a state of drinking alcohol at the time of the crime of this case, it cannot be said that the defendant had the weak ability to discern things or make decisions, in light of various circumstances, such as the defendant's main quantity, the background, means and method of the crime, and the behavior before and after the crime.

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

B. The Defendant’s assertion of unfair sentencing is favorable to the Defendant that the Defendant recognized his/her mistake and reflects his/her wrongness.

However, there are many criminal records of violence, including the crime of violation of the Punishment of Violences, etc. Act, the crime of injury, the crime of interference with business, etc., and the fact that the defendant was sentenced to a suspended sentence of imprisonment for the same kind of crime and was dispatched to the police officer after receiving a report even though he was under the suspended sentence of imprisonment for the same crime, was committed with the crime of this case, and the method of the crime or the crime is extremely poor, etc. are disadvantageous to the defendant

In addition, considering the motive and background leading to committing the crime, the circumstances after committing the crime, degree of damage, Defendant’s age, character and conduct, environment, etc., as well as the various sentencing conditions shown in the records and arguments, the sentence of the lower court cannot be deemed unfair.

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.

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법 제364조 제4항

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