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(영문) 서울남부지방법원 2020.01.14 2019노1923
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing each of the instant crimes, and was in a state of mental disability or mental disability.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the determination of the assertion of mental disorder, it is recognized that the Defendant had drinking alcohol at the time of each of the instant crimes.

However, in light of the circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant cannot be deemed to have been in a state of mental disability or mental health disorder due to drinking at the time of each of the instant crimes, in light of the background, means and method of the instant crimes, and the circumstances after the crime.

Therefore, the defendant's argument on this point is without merit.

B. The judgment of unfair sentencing on the assertion of unfair sentencing refers to the case where the sentence of the court below is too heavy or too minor in light of the specific contents of the case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court: (a) under favorable circumstances, such as the recognition of the Defendant’s crime; (b) the victim of the crime interfering with business, who did not want the Defendant’s punishment; (c) the Defendant has the history of criminal punishment, including suspended sentence of imprisonment, for violent crimes, and (d)

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