(영문) 인천지방법원 2017.08.11 2017노2203 | 리걸엔진

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(영문) 인천지방법원 2017.08.11 2017노2203

공무집행방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was suffering from alcohol addiction at the time of each of the instant crimes, and was in a state of mental and physical loss or mental weakness under the influence of alcohol.

B. The lower court’s sentence (6 months of imprisonment) against an unjust defendant is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of each of the crimes in this case, considering the background, process of the crime, the defendant's behavior before and after the crime, etc., it does not seem that the defendant had no or weak ability to discern things, so the defendant's mental disorder argument is without merit.

B. In light of the following circumstances: (a) the Defendant’s act of violence against the victims on the grounds that the Defendant was dead; (b) the Defendant used violence against the victims; and (c) the Defendant committed the crime during the period of repeated crime; (d) the Defendant paid a certain amount of compensation to the victims of assault and injury during the trial; (b) the victims do not want the Defendant’s punishment; (c) the Defendant generally accepted and opposed the Defendant’s mistake; and (d) the Defendant did not have the record of the same crime before the instant case; and (e) taking into account other various circumstances that form the conditions of sentencing as indicated in the record, such as the Defendant’s age, sex and environment, motive, means and consequence of the crime; and (e) the lower court’s punishment is too too unreasonable, and thus, the aforementioned assertion by the Defendant is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the judgment of the court below and the summary of evidence are as follows.

유사 판례

-인천지방법원 2017.02.10 2016노4623

-인천지방법원 2017.11.03 2017노3293

-인천지방법원 2017.09.22 2017노2735

-인천지방법원 2018.02.23 2017노4719

-인천지방법원 2017.11.03 2017노3276