(영문) 수원지방법원 2015.03.25 2014노7674 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2015.03.25 2014노7674

공무집행방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol, the Defendant committed the instant crime under the influence of alcohol and lacks the ability to discern things or make decisions, and there are legal grounds for reduction or exemption.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, process, means and method of the instant crime, the Defendant’s behavior before and after the instant crime, etc., as to the assertion of mental disability, which was duly adopted and examined by the lower court, were deemed to have been in a state of lacking the ability to discern things or make decisions at the time of the instant crime, and thus, the Defendant’s above assertion cannot be accepted.

B. As to the assertion of unreasonable sentencing, the following should be considered: (a) the Defendant confessions all of the instant crimes and reflects the Defendant; and (b) the degree of assault is relatively minor.

However, in order to establish the State’s legal order and eradicate the danger of the public authority, the Defendant’s crime of obstruction of performance of official duties requires strict punishment. Even if the instant crime was committed, the Defendant boomed and abused a police officer without any particular reason, and the nature of such crime is very poor, and the Defendant committed the instant crime after being sentenced to a punishment for one year and six months due to a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, Etc.) and thereafter committed the instant crime during the period of repeated offense. In full view of various circumstances, including the fact that the Defendant committed the instant crime during the period of repeated offense, which are the conditions for sentencing, such as the age and happiness environment of the Defendant, the lower court’s sentence

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

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법 제364조 제4항

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