logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.11.12 2015노1251
공무집행방해등
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 in a state of mental disorder by drinking alcohol.

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

2. Determination

A. In light of various circumstances, such as the background of the instant crime and the Defendant’s behavior or attitude before and after the instant crime, which is acknowledged by the evidence duly examined in the lower court’s judgment as to the assertion of mental and physical disorder, it is recognized that the Defendant was the principal offender at the time of the instant crime, but did not have the ability to discern things or make a decision by drinking.

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

B. In full view of all the circumstances indicated in the records and arguments, including the fact that there is no change of circumstances that may consider the sentencing after the judgment of the court below on the assertion of unfair sentencing, and that the Defendant had expressed the attitude of emphasizing the public authority, such as the degree of assault and obstruction of performance of official duties, and the fact that the Defendant had the power to be punished twice as the offense of insult against the police officer, etc., the Defendant did not seem to be unfair even if considering the circumstances alleged by the Defendant as the grounds for appeal.

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

arrow