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(영문) 서울중앙지방법원 2015.03.27 2014노5191
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the physical and mental disorder, the Defendant was in a state of mental disorder or mental disability under the influence of alcohol.

B. The first instance sentence of unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical disorder, although the defendant was deemed to have drinking alcohol at the time, the defendant did not have the ability to see the right and wrong of things or make decisions due to drinking alcohol at the time in light of the background, means and methods of the crime, and the circumstances after the crime.

There was no or weak state.

The defendant's mental disorder is without merit.

B. As to the assertion on unreasonable sentencing, the instant case is not likely to be a crime of obscing and assaulting a police officer on official duty execution by putting in uniform.

In addition, the defendant has been punished several times, including punishment and suspended execution for the same crime, and even though he is under the period of repeated crime for the same crime, he has committed the crime of this case.

In addition, in full view of the defendant's age, character and conduct, environment, records of crimes, circumstances of crimes, results, and all the sentencing conditions shown in the records and arguments, the first instance sentence is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

However, in accordance with Article 25 of the Rules on Criminal Procedure, the criminal records, investigation reports, report on results of confirmation before disposition, report on the date of release, and report on the date of confirmation of the date of release on 1. A criminal records in the judgment of the court of first instance: criminal records, personal records, personal identification and confinement status, copy of the decision (No. 2010 high-class 2888 of the Government's District Law, No. 2010No2536 of the Government's District Law, output of confirmation of the fixed date, copy of the decision (Seoul Central District Court Decision 2008 high-class 2197 of the Seoul Central District Court Act) and confirmation of the fixed date of confirmation of the summary agreement auxiliary to the case."

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