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(영문) 제주지방법원 2017.07.13 2017노204
공무집행방해등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) Defendant A was under the influence of alcohol at the time of each of the instant crimes, and thus, Defendant A had weak ability to discern things or make decisions.

2) The sentence of the lower court (six months of imprisonment) which is unfair in sentencing is too unreasonable.

B. Defendant B (unfair sentencing)’s punishment (an amount of KRW 3 million) by the lower court is too unreasonable.

2. Determination

A. In light of the process, means and method of each of the crimes of this case, the Defendant A’s behavior before and after the crime was committed, etc., which were acknowledged by the evidence duly adopted and investigated by the lower court, the lower court acknowledged that the Defendant A had drinking alcohol at the time of each of the crimes of this case, but did not have the ability to discern things or make decisions.

It does not seem that it does not appear.

Therefore, Defendant A’s above assertion is rejected.

B. Determination on the Defendants’ wrongful assertion of sentencing 1) Defendant A’s crime of obstructing the execution of official duties of the instant case committed by assaulting a police officer who arrested an offender in the act of committing an act of violence, and committing abusive and intimidation to a police officer after being escorted to the earth, and the nature of the crime is not good in light of the circumstances, contents, and method, etc. of the crime, and Defendant A has a history of criminal punishment several times for violent crimes.

On the other hand, it is also recognized that Defendant A had the attitude of recognizing and opposing each of the crimes of this case, Defendant A agreed with the victim of the crime of interference with the business of this case at the investigation stage, Defendant A deposited money with the victim of the crime of interference with the business of this case, Defendant A deposited money with the victim of the crime of interference with the business of this case in the original trial as a person who was a person who committed the crime

In full view of the above circumstances, comprehensively taking account of the Defendant A’s age, sexual conduct, environment, motive and background of each of the instant crimes, means and methods, and all of the sentencing factors in the process of trial, including the circumstances after the crime was committed, the sentence sentenced by the lower court.

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