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(영문) 춘천지방법원 2013.04.24 2013노116
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant crime, was under the influence of alcohol, was in a state of lacking or lacking the ability to discern things or make decisions.

B. The sentence of imprisonment (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, it is found that the defendant was aware that he had drinking alcohol to a certain extent at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the method and method of the crime, and the circumstances after the crime, etc., it is not deemed that the defendant was under the influence of alcohol at the time of the crime of this case, and thus, the defendant did not have the ability to discern things,

B. Although the Defendant’s judgment on the assertion of unfair sentencing has a favorable circumstance, such as the fact that he divided his mistake into one’s own mistake and reflects it. However, the instant crime committed by the Defendant, while under the influence of alcohol, assaults the police officer F who called out after receiving a report with another person, and thereby, assaults the police officer H who was arrested and investigated during the commission of an act in the act of committing an offense, and the nature of the offense is not good in light of the type of crime, and the Defendant committed the instant crime, even though he was punished several times due to the same crime, and even during the suspension period of execution due to the same kind of crime, he committed the instant crime, and did not receive a letter from the police officer until the trial, taking into account the motive and background leading up to the instant crime, the circumstances after the Defendant committed the instant crime, and other various kinds of sentencing factors indicated in the record, such as the Defendant’s age, character and nature, environment, etc., it is not reasonable to deem this part of the Defendant’s assertion without merit.

3. Thus, the defendant's appeal is correct.

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