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(영문) 서울남부지방법원 2018.04.05 2018노192
공무집행방해
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 and physical loss or mental weakness due to drinking and low blood relative.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant was found to have been under the influence of alcohol at the time of the crime of this case, but in full view of the background leading up to the crime by the above evidence, the contents of the crime, the means and method of the crime, the circumstances after the crime, the reputation of the defendant, and the records of the defendant, it was in a state that the defendant lost or lacks the ability to discern things

Therefore, the defendant's above assertion is without merit.

B. Although it is recognized that the Defendant is wrong with regard to the wrongful assertion of sentencing, the Defendant is highly likely to be criticized in that he/she again committed the instant crime without being sentenced to imprisonment or imprisonment for the same kind of crime even though he/she had been sentenced to a suspended sentence of one year on February 5, 2015 due to interference with the performance of official duties on several occasions, including the fact that he/she had been sentenced to a suspended sentence of one year on the part of the Defendant, and that he/she again committed the instant crime without any reason, such as abusiveing and assaulting the police officer dispatched upon receiving a report without any reason, and there is a need to punish the Defendant with regard to the crime obstructing the performance of official duties in order to establish public authority. In addition, comprehensively taking account of the various conditions of sentencing as revealed in the arguments, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., the Defendant’s aforementioned assertion is not reasonable.

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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