(영문) 광주지방법원 2018.10.24 2018노1044 | 리걸엔진

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(영문) 광주지방법원 2018.10.24 2018노1044

공무집행방해등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, who was physically and mentally weak, was drunk at the time of committing the instant crime, and committed the instant crime under the mental and physical weak condition at the time of the instant crime, the sentence against the Defendant ought to be mitigated.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of six months, the suspension of the execution of two years and the fine of 500,000 won, and the community service order of 80 hours) is too unreasonable.

2. Determination

A. According to the records of mental and physical weakness, even though the Defendant was in a drunken state at the time of committing the instant crime, considering the background, means and methods leading to the instant crime, and the circumstances before and after the instant crime, it cannot be deemed that the Defendant lacks the ability to discern things or make decisions at the time of committing the instant crime. Thus, the Defendant’s above assertion by the Defendant is without merit.

B. In full view of the following factors: (a) the sentence of this case is unfair; (b) the Defendant recognized the crime of this case; (c) the Defendant did not have the record of punishment for the same kind of crime against the Defendant; (d) the crime of this case requires strict punishment for the establishment of governmental authority and the protection of legal order; (b) the crime of this case is forced to the police officers dispatched upon receipt of the report to commit violence and the words and behavior through the police box; (c) the crime of this case is bad in terms of the nature of the crime; and (d) there are multiple records of punishment, such as being sentenced to suspended sentence of imprisonment due to a crime of this case in 2015; and (e) there are no special changes in the sentencing conditions compared with the original judgment; and (e) the above argument by the Defendant cannot be deemed to be unfair because the sentence of

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

유사 판례

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-춘천지방법원 2016.01.20 2015노1131

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