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(영문) 서울남부지방법원 2018.05.01 2017노38
위계공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental disorder arising from the main crime.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, although the defendant appears to have served alcohol at the time of each of the crimes in this case, in light of the background leading up to the crime, the defendant's movement at the time of the crime, the means and method of the crime, the circumstances after the crime, etc., the defendant was in the state of having no or weak ability to discern things or make decisions due to drinking at the time of the crime in this case.

It does not seem that it does not appear.

Therefore, the defendant's mental disorder is not accepted.

B. The circumstances favorable to the Defendant are the following: (a) the Defendant recognized both his/her own crime and reflects his/her criminal conduct; and (b) there is no record of criminal punishment exceeding the fine prior to the instant case.

On the other hand, even though the defendant had been punished for the same crime several times, he/she repeated again, and continuously files a false report while being tried for the case, etc., which are disadvantageous to the defendant.

When comprehensively considering the defendant's age, sexual conduct, environment, family relationship, health status, motive, background, means and consequence of the crime, and other various sentencing conditions that are shown in the records and theories of this case, such as the circumstances before and after the crime, the punishment sentenced by the court below is acceptable as being within the proper scope of punishment according to the defendant's liability, and it is not recognized as unfair because it is too unreasonable.

Therefore, the defendant's improper assertion of sentencing is not accepted.

3. If so, the defendant's appeal is justified.

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