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(영문) 대구지방법원 2017.04.26 2017노725
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The lower court rendered a judgment dismissing public prosecution regarding the assault against the victim C among the facts charged in the instant case, and rendered a judgment of conviction as to the remainder of the facts charged, and the Defendant and the Prosecutor appealed against the aforementioned guilty part.

Therefore, since the dismissal part of the judgment of the court below against which the defendant and the prosecutor did not appeal is finalized, it is limited to the guilty part of the judgment of the court below.

2. Summary of reasons for appeal;

A. Defendant 1) The Defendant with mental and physical weakness was under the influence of alcohol at the time of each of the instant crimes.

2) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

3. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below on the Defendant’s mental and physical weakness, the Defendant was deemed to have been in a state of drinking alcohol at the time of each of the instant crimes, but in full view of the circumstances leading up to the Defendant’s crime, the means and methods of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime, etc., the Defendant was in a state of lacking ability to discern things or make decisions at the time of

It does not seem that it does not appear.

Therefore, this part of the defendant's argument is without merit.

B. We also examine the criminal defendant and prosecutor's improper argument about sentencing.

Each of the crimes of this case is to prevent a police officer from causing physical and economic damage to the victims who committed violence without any particular reason, and interfere with the legitimate execution of duties by the police officer who called out. The crime of this case is poor, the damage caused by each of the crimes of this case is not recovered, and the defendant was committing a repeated crime due to the crime of assault, obstruction of execution of official duties, etc., even though he had committed a repeated crime.

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