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(영문) 대전지방법원 2015.08.19 2015노1296
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

B. The sentence imposed by the lower court on the Defendant (two months of imprisonment, two years of suspended execution, two years of probation, and forty hours of alcohol treatment lectures) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, the Defendant may be deemed to have performed drinking at the time of committing the instant crime. However, in full view of the background leading up to the instant crime, the means and methods of committing the instant crime, and the circumstances after committing the instant crime, the Defendant did not have the ability to discern things or make decisions at the time of each of the instant crimes.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. Considering the argument on the argument on unfair sentencing, the fact that the Defendant appears to have recognized all the crimes of this case, and the fact that the Defendant appears to have reached a contingent crime under the influence of alcohol is favorable to the Defendant.

On the other hand, in the crime of this case, a driver assault committed by the defendant while on board a taxi without any special reason while under the influence of alcohol. The crime of obstruction of performance of official duties is a dangerous crime that may cause damage to many and unspecified persons, such as causing traffic accidents as well as damage to the victim. Since the crime of obstruction of performance of official duties is a crime that causes damage to the State's function by nullifying legitimate exercise of public power, it is necessary to punish the defendant to establish a legal order, and the defendant has been punished for the same crime with the same content.

The above circumstances and other records and arguments are shown in the circumstances after the crime of this case, the defendant's age, character and conduct, family relationship, environment, occupation, etc.

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