(영문) 대구지방법원 2016.09.02 2016노2784 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2016.09.02 2016노2784

공용물건손상등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the instant case’s assertion of mental disorder, even though the Defendant was under the influence of alcohol at the time of each of the instant crimes, in light of all the circumstances such as the background, means and methods of each of the instant crimes, and the Defendant’s act before and after the instant crimes, it does not appear that the Defendant had no or weak ability to discern things due to drinking at the time of each of the instant crimes.

Therefore, the defendant's mental disorder is without merit.

B. Each of the crimes of this case on the assertion of unfair sentencing was committed by the police officer F, who was dispatched by the defendant upon the report of 112 on the occurrence of the assault incident, damaging one device for inquiry cited by the above police officer, and subsequently, assaulting the defendant as a flagrant offender of the crime of assault, and thus, the quality of the crime is not good. The crime of obstruction of performance of official duties like this case requires strict punishment in order to establish the State's legal order and eradicate the light of public authority, and the defendant has the history of having been punished several times due to violent crimes, etc., not only three times of punishment, but also three times of suspended sentence due to the crime of obstruction of official duties, and there was a history of having been sentenced one time of suspended sentence. However, each of the crimes of this case was committed by the police officer F, compensation for repair expenses for the damaged device, the degree of damage suffered by the damaged police officer is relatively minor, F, F, the police officer F's desire to take the defendant's wife as well as the character and behavior of the defendant, etc.

유사 판례

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