beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1 committed the instant crime in a state of mental and physical weakness, with physical and mental weakness committed the instant crime.
2) The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court as to the Defendant’s mental and physical weakness, it is deemed that the Defendant was engaged in drinking at the time of the instant crime, but in light of the following circumstances, such as the process and process of the instant crime, and the Defendant’s act before and after the instant crime, the Defendant was physically and mentally weak at the time of the instant crime, which lacks the ability to discern things or make decisions
does not appear.
Therefore, this part of the defendant's argument is without merit.
B. In order to establish a state’s legal order and eradicate the light of public authority, the crime of obstructing the performance of official duties, such as this case, need to be punished strictly, and the Defendant has been punished twice due to obstruction of duties or assault, etc., which are disadvantageous to the Defendant.
On the other hand, the objective facts of the instant crime are generally recognized by the Defendant, and they are against the mistake, the degree of assault in the crime of interference with the performance of official duties by the police officers is relatively excessive, and the offense of interference with the performance of official duties by the Defendant was committed in the course of singing and singing, and its nature differs from the instant case, which constitutes a crime of violence committed by the Defendant, and its nature differs from that of the instant case, which is favorable to the Defendant.
In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, and the circumstances after the crime, the sentence imposed by the lower court is too excessive.