logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.02.16 2015노4425
공무집행방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was physically and mentally weak, was drunk and physically weak at the time of committing each of the instant crimes.

B. The punishment sentenced to the defendant (the defendant and the prosecutor) is too heavy or unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court regarding the assertion of mental and physical weakness, it is recognized that the Defendant had drinking alcohol at the time of the crime, but in light of the background, means, and the Defendant’s act before and after the crime, etc., it does not seem that the Defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of the crime.

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

B. The instant crime of determining the illegality of sentencing is that the Defendant interfered with businesses, such as a restaurant and drinking house with a small size of 20 times, and committed an offense, such as interference with the performance of official duties, injury, assault, theft, fraud, etc., and the case is not light in light of the frequency and manner of the relevant crime.

In addition, even though the defendant had been punished for a significant number of the same crime, it is recognized that the defendant recommits the crime of this case, and that the defendant was a repeated crime period at the time of committing the crime of this case.

Meanwhile, there are also circumstances such as the fact that the Defendant fully acknowledges the instant crime, the Defendant’s economic situation is very difficult, and the Defendant appears to have committed the instant crime while under the influence of alcohol, and it appears that he/she would have expressed his/her intent to treat alcohol.

In light of the above circumstances comprehensively taking into account the Defendant’s age, environment, family relationship, circumstances leading to the instant crime, and various circumstances leading to the sentencing indicated in the record before and after the instant crime, the lower court’s punishment is too heavy.

arrow