(영문) 창원지방법원 2014.12.17 2014노2440 | 리걸엔진

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(영문) 창원지방법원 2014.12.17 2014노2440

공무집행방해등

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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

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

2. Determination

A. According to the record as to the assertion of mental disorder, although the defendant could recognize the drinking at the time of committing the instant crime, in light of various circumstances, such as the background of the instant crime, the conduct before and after the instant crime, and the means and method of committing the instant crime, which are acknowledged by the evidence duly adopted and investigated by the court below, such facts alone did not have the ability or ability to make a decision on the defendant to discern things at the time

It is difficult to see that it has reached a weak or weak state.

Therefore, the defendant's mental disorder is without merit.

B. As to the assertion on unfair sentencing, the instant crime interferes with the legitimate execution of duties by police officers G and F, etc. dispatched by the Defendant upon receiving a report that the Defendant is under the influence of alcohol and assaulting the police officers G and F, etc., and at the same time, the said victim F is “sponsing on the side of the bridge part,” which requires medical treatment for about two weeks, and damages public goods by destroying the front glass part of the patrol car, and the relevant case is not easy. The crime of obstruction of performance of official duties is an unfavorable circumstance to the Defendant.

However, the defendant is living in custody for a period of approximately two months, and the defendant is punished by a fine of KRW 500,000 as a crime of fraud around 2004, and there is no other criminal record except a fine of KRW 1 million as a crime of violation of the Punishment of Violences, etc. Act (at night and joint injury) around 2005, and the result of the application of the sentencing guidelines by the Sentencing Commission of the Supreme Court [the scope of recommendations for obstruction of performance of official duties: between June and April of imprisonment: between January and April], and the defendant's age, character, and environment.

참조조문

-폭력행위 등 처벌에 관한 법률

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