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(영문) 서울남부지방법원 2015.12.10 2015노1506
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 drunk and was in a state of mental disability.

B. The sentence imposed by the court below on the defendant (one year of imprisonment with labor, three years of suspended execution, and probation) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background of the instant crime, 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 it appears that the Defendant had the ability to discern things or make decisions by drinking. Therefore, the Defendant’s mental and physical disorder allegation is without merit.

B. In light of the circumstances asserted by the Defendant as the grounds for appeal, the lower court’s punishment is too unreasonable even if there is no change in circumstances that may consider the sentencing after the lower judgment on the assertion of unfair sentencing, and the sentencing conditions indicated in the instant records and arguments are compared with the grounds for sentencing in the lower judgment.

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.

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