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(영문) 서울중앙지방법원 2020.03.19 2019노3897
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Judgment on the appeal by the defendant

A. The gist of the grounds for appeal is as follows: (a) under the influence of alcohol at the time of each of the instant crimes, the Defendant was in a state of mental illness

B. In light of the process and method of each of the instant crimes established by the evidence duly adopted and examined by the lower court, and the Defendant’s conduct before and after the commission of each of the instant crimes, it does not appear that the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the instant crimes.

Therefore, the defendant's argument cannot be accepted.

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal (hereinafter referred to as 6,00,000 won of fine) declared by the court below is too unhued and unreasonable.

B. Comprehensively taking account of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully considering all the circumstances, including various sentencing conditions asserted by the prosecutor, and no other special circumstance exists to the extent of changing the sentence of the lower court.

Therefore, the prosecutor's above assertion is not accepted.

3. Conclusion, the appeal filed by the Defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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