(영문) 대구지방법원 2014.03.20 2014노199 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2014.03.20 2014노199

업무방해등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (six months of imprisonment) is too unhued and unfair.

B. Defendant 1) While under the influence of alcohol at the time of each of the instant crimes, the lower court’s failure to reduce the sentence or not guilty, erred by misapprehending the legal doctrine on mental and physical disorder, thereby adversely affecting the conclusion of the judgment. 2) The sentence imposed by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below on the defendant's mental and physical argument, the defendant is deemed to have a drinking condition at the time of each of the crimes of this case, but, in light of the circumstances surrounding each of the crimes of this case, the defendant did not have the ability to discern things or make decisions.

in such a manner as to be deemed to have been or weak.

The defendant's mental disorder is without merit.

B. The Defendant had a record of criminal punishment several times for violent crimes, and in 2004, the Defendant was sentenced to suspended sentence due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Crime, etc.).

This case’s special obstruction of performance of official duties and obstruction of performance of official duties show the attitude to refer to the police officer’s children and to the harm and injury while disclosing the Defendant’s intention of retaliation against the police officer who arrested him two weeks prior to the Defendant. In fact, the nature of the crime is heavy.

However, the criminal records of the defendant's violent crimes are the last time in 2004, and there is no criminal punishment in recent years.

The defendant is divided in depth into the crime and does not repeat the crime.

The defendant agreed with the victim D and G, and 500,000 won was deposited for the police officer K.

In addition, the records and arguments of this case, such as the age, character and conduct, environment, family relationship, etc. of the defendant.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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