(영문) 대구지방법원 2016.07.22 2016노2204 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2016.07.22 2016노2204

특수공무집행방해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of the crime of this case, in light of all the circumstances such as the background, means and method of the crime of this case, and the defendant's behavior before and after the crime of this case, the defendant had no or weak ability to discern things due to drinking at the time of the crime of this case.

It is not visible.

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

B. The judgment of this case on the unjust assertion of sentencing is justifiable in light of the following circumstances: (a) the police officer who was dispatched by the defendant after receiving 112 report while the defendant was a taxi engineer and the police officer who was sent to the police officer for the purpose of confirming the situation of this case; (b) the police officer saw cigarette butts, which are dangerous objects; and (c) the nature of the crime is not very good; (d) the crime of obstructing the performance of official duties like this case requires strict punishment in order to establish the legal order of the State and eradicate the light of public authority; and (e) the defendant has been punished several times due to violent crimes; (b) the defendant is against the crime of this case; (c) the degree of damage suffered by the police officer was relatively minor; (d) the court below deposited KRW 1 million for the police officer who was sent to the trial of this case; and (e) the court below deposited the same and similar similar cases in favor of the defendant; and (e) the defendant’s environment and character, and the motive and circumstances leading up to the crime of this case, etc.

유사 판례

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-서울서부지방법원 2017.10.19 2017노1076

-서울남부지방법원 2016.03.18 2016노138