(영문) 수원지방법원 2016.05.27 2016노852 | 리걸엔진

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(영문) 수원지방법원 2016.05.27 2016노852

공무집행방해등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence sentenced by the lower court (six months of imprisonment, two years of suspended execution, and two million won of fine) is too unreasonable.

2. Determination

A. In full view of the background leading up to the Defendant’s criminal act, the means and method of the criminal act, the Defendant’s act before and after the criminal act, etc., even though the Defendant dices alcohol at the time of the criminal act.

Even if so, there was a lack of ability to discern things or make decisions.

Therefore, the above argument is without merit.

B. The fact that the defendant recognized the crime and reflected in the judgment on the unfair argument of sentencing, agreed with the victim C, deposited 1.3 million won for the victim G, paid the patrol car repair cost, and the fact that the defendant is the primary offender is favorable to the sentencing.

However, from November 12, 2015 to November 13, 2015, 23:00 to November 13, 2015, the victim interfered with the police's duties and interfered with the police's performance of duties, damaged public goods, and continuing to take a bath without going to the police station. Each of the crimes of this case is not good. Each of the crimes of this case requires strict punishment in light of the recent situation of public authority by assaulting a police officer who performs public duties to interfere with the performance of his duties, thereby hindering the police officer's performance of duties, and causing injury to the police officer, and there is no special reason to change the sentence of the court below at the same time, and considering all the sentencing conditions such as the defendant's age, sex, criminal records, motive and means of the crime, and conditions before and after the crime, it cannot be deemed unfair because the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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