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(영문) 서울서부지방법원 2020.09.10 2020노847
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability due to side effects of the medicine, while drinking alcohol with the surgery and the mental and physical medicine.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment and a fine of six hundred thousand won) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background and means of the instant crime, the Defendant’s behavior before and after the instant crime, and the Defendant’s testimony to some extent, which are acknowledged by the evidence duly adopted and examined by the lower court, and the Defendant did not have the ability to discern things or make decisions on the grounds as alleged at the time of the instant crime.

did not appear to have existed in or weak condition.

The defendant's argument of mental disability is without merit.

B. It is reasonable to respect the sentencing conditions when compared to the first instance court’s assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined a sentence by comprehensively taking into account various circumstances as stated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s sentencing is too excessive to exceed the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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