(영문) 광주지방법원 2016.08.23 2016노1852 | 리걸엔진

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Reasons

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(영문) 광주지방법원 2016.08.23 2016노1852

공무집행방해등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was physically and mentally deprived or physically weak at the time of committing a crime interfering with the performance of official duties, and was not so.

Even if the court below's punishment (five months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the records, the Defendant received a report and sent to the police officer “(B) A, A, A, and this part of the police officer sent to the police officer upon receipt of the report.

Even after being arrested as a flagrant offender, “H slopener has made work significantly,” “W slopener shall do so,” “I have to complete the speech,” and “I have to ask the register of the scarg,” and “I have to do so.”

In light of the circumstances such as the background leading up to the instant crime, the means and method of the commission of the crime, the Defendant’s act before and after the commission of the crime, etc., the Defendant was in a state where the ability to discern things or make decisions was lost or weak.

shall not be deemed to exist.

Therefore, the defendant's mental and physical loss or mental weakness is without merit.

B. Even though the Defendant had been punished for a period of two years under the suspension of the execution of official duties in 2013 due to the crime of interference with and injury to the execution of official duties in 2013, he/she again committed the instant crime, the degree of the tangible force exercised by the police officer is not weak, and did not make any effort to recover damage.

On the other hand, the Defendant’s health is not good due to urology and chronic dyslexic heart disease.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the argument regarding the sentencing of the Defendant and the Prosecutor is difficult to accept.

On the other hand, the defendant and his defense counsel have asserted unfair sentencing.

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