(영문) 부산지방법원 2015.12.11 2015노2988 | 리걸엔진

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자간(%)

(영문) 부산지방법원 2015.12.11 2015노2988

공무집행방해등

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 on the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and investigated by the court of first instance as to the claim of mental disability, it is recognized that the defendant had drinking alcohol at the time of the crime, but on the other hand, in light of the background, means, and the defendant's behavior before and after the crime, it does not seem that the defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of the crime.

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

B. It is recognized that the Defendant’s judgment on the assertion of unfair sentencing recognizes all of the instant crimes and reflects on the fact that the Defendant deposited KRW 300,000 for the victimized police officer for the crime of obstruction of performance of official duties, and the victimized police officer was not punished by the Defendant, the Defendant agreed with the victim of larceny, and the amount of theft was not significant, and the Defendant’s family members are leading the Defendant.

However, in this case, the defendant assaulted a police officer who was dispatched after being reported as a substitute driver or a pilot while under the influence of alcohol and refused to comply with a request for a drinking test (2015 Godan1899) or committed a theft of cash from a taxi engineer or a pilot while under the influence of alcohol (2015 Godan3585). The case is not less complicated. The defendant was sentenced to a suspended sentence of two years for the period of imprisonment with prison labor for committing a crime of insult, obstruction of performance of official duties, etc. while under the influence of alcohol even before the case, he was under the influence of alcohol. The crimes of this case committed by the defendant were committed repeatedly during the period of the suspended sentence, and the defendant was placed in the place where the substitute driver was placed, and the defendant was placed in the place of the vehicle.

유사 판례

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