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(영문) 대구지방법원 2014.11.27 2014노3374
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Mental and physical disorder (the part concerning obstruction of performance of official duties) was suffering from alcohol alcohol at the time of committing the crime of obstruction of performance of official duties, and was in the state of mental disorder or mental disorder by drinking.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the record on the assertion of mental and physical disorder, the Defendant was hospitalized at the time of committing the instant crime due to an unknown mental or behavioral disorder due to alcohol use, etc. The Defendant was deemed to have been hospitalized at the time of committing the crime of obstruction of performance of official duties. However, in light of the background, content, means, methods, circumstances after committing the instant crime, etc., the Defendant did not have the ability to discern things or make decisions due to alcohol existence and alcohol alcohol at the time of committing the instant crime.

It is not recognized that there was or was a weak state.

The defendant's mental disorder is without merit.

B. On May 14, 2013, the Defendant was sentenced to a two-year suspended sentence due to violence, drinking and unlicensed driving on several occasions, and was sentenced to a two-year suspended sentence on May 25, 2013, and was sentenced to a fine on July 1, 2013, the Defendant committed the instant drinking and unlicensed driving on the same vehicle on the same occasion while he was sentenced to a fine on July 1, 2013. At the time of the instant crime, the blood alcohol level was very high as 0.294% at the time of the instant crime.

In addition to the above crimes, the crime is very heavy to the police officers who were reported and dispatched, and the crime is committed to interfere with the legitimate execution of duties of the police officers by using violence.

In full view of all the sentencing conditions shown in the records and arguments such as the defendant's age, character and conduct, environment, etc., the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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