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(영문) 서울북부지방법원 2014.12.18 2014노1395
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant obstruction of performance of official duties and the crime of indecent act by compulsion, was drunk and was in the state of mental disorder or mental disability.

B. The sentence imposed by the lower court on the Defendant (a person’s order to complete a sexual assault treatment program for one year, six months and forty hours of imprisonment) is too unreasonable.

2. Determination

A. According to the records of mental and physical disorder, even though the defendant committed the obstruction of performance of official duties and the crime of indecent act by compulsion under the influence of alcohol, the defendant is deemed to have committed the above crimes, in light of the circumstances before and after the commission of each of the above crimes, the circumstances leading to each of the above crimes, and the defendant's behavior at the time, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things or make decisions due to drinking at the time of the obstruction of performance of official duties and the crime of indecent act by compulsion

B. Although the defendant's mistake and thus, it is against depth, and most of the thiefs of each of the larceny crimes of this case were recovered, the defendant committed the crime of this case by compulsion of the performance of official duties while he was prosecuted for the crime of obstruction of performance of official duties. However, the defendant committed the crime of this case by repeating the crime of this case by force while he was charged for the crime of obstruction of official duties, by repeating the crime of this case by force under the circumstances where he was charged for the crime of obstruction of official duties, the nature of the crime is very bad and bad, the defendant did not agree with the victims, and other circumstances that form the conditions for sentencing as indicated in the records, such as the motive and background leading up to each of the crimes of this case, before and after the crime, the circumstances before and after the crime of this case, the defendant's age, character and behavior, environment, occupation and family relations

3. Conclusion, the defendant.

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