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(영문) 수원지방법원 2018.03.23 2018노473
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime interfering with the performance of official duties.

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

2. Determination

A. According to the records on the assertion of mental and physical weakness, the Defendant was deemed to have had the ability to discern things or make decisions under the influence of alcohol at the time of the crime, in view of the circumstances leading to the crime, the means and methods of the crime, the Defendant’s attitude and words after the crime, and the circumstances after the crime, etc., although he was aware of drinking alcohol at the time of the crime of obstructing the performance of official duties of this case.

It is difficult to see it.

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

B. The fact that the defendant's decision on the wrongful argument of sentencing is against his or her wrong recognition is favorable to the defendant.

On the other hand, the fact that the defendant has been punished several times including the same crime, that the defendant committed the crime of this case when he committed the crime of this case during the suspension of execution due to the same crime, and that the alcohol concentration in blood during drinking driving is relatively high is disadvantageous to the defendant.

It is difficult to view that the lower court’s sentence is too unreasonable in light of the above circumstances and other conditions of sentencing indicated in the record, such as Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime.

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

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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