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(영문) 대전지방법원 2017.02.09 2016노3495
특수공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had been subject to pharmacologic treatment with alcohol addiction, and at the time of committing the instant crime, he was in a state of mental and physical loss or mental weakness under the influence of alcohol.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, the defendant was treated with alcohol proof, and it is recognized that he had drinking at the time of the crime of this case, but in light of various circumstances, such as the background leading to the crime of this case, the means and method of the crime, the process of the crime, and the defendant's behavior before and after the crime of this case, it cannot be seen that the defendant did not have or lacks ability to discern things at the time of the crime of this case, and thus, the above assertion by the defendant cannot be accepted.

B. In full view of the fact that the defendant led to the confession of the crime of this case in light of the circumstances favorable to the defendant, the means and methods of the crime of this case, and the fact that the defendant committed the crime of this case during the period of repeated crime, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., it cannot be deemed unfair since the court below's sentence against the defendant is without merit. Thus, the defendant's argument of the punishment of this case is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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