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(영문) 서울남부지방법원 2014.11.20 2014노1353
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was in a state of weak ability to discern things or make decisions through drinking alcohol at the time of committing the instant crime, but the lower court’s failure to recognize the Defendant’s mental disorder is unlawful.

B. The lower court’s sentence of an unreasonable sentencing (5 million won of a fine) imposed on the Defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court regarding the assertion of mental disorder, it is recognized that the Defendant had a drinking condition at the time of the instant crime, but in light of various circumstances, such as the background, process, means and method of the instant crime, and the Defendant’s speech and behavior before and after the instant crime, it does not seem that the Defendant had a weak ability to discern things or make decisions due to drinking.

B. In light of the fact that the Defendant used a uniform to wear a police officer to perform his duties and that the degree of the assault seems not to be less severe, and that the Defendant’s punishment imposed by the lower court is not deemed unreasonable on the grounds of various circumstances, such as the motive for the instant crime, etc.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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