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(영문) 대구지방법원 2016.09.29 2016노3082
특수공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing each of the instant special official duties, injuries, and property damage.

B. The sentence sentenced by the lower court (two years, six months, and confiscation) is too unreasonable.

2. Determination:

A. In full view of various circumstances, such as interference with the performance of special duties of this case, injury, damage to property, circumstance of each crime of destruction of property, method and method of the crime, and circumstances after the crime, which can be recognized by the records of this case as to the assertion of mental and physical weakness, the fact that the defendant was under the influence of alcohol at the time of committing the crime is recognized, but there was no or weak ability to discern things or make decisions.

does not appear.

Therefore, this part of the defendant's assertion is rejected.

B. The Defendant is against the charge of determining the unfair argument of sentencing.

However, the instant crime was committed by the Defendant while driving under the influence of alcohol without a driver's license and parked in front of the main point operated by the Victim G, and the victim F, an employee of the said main point, changed the vehicle to move for business purposes.

As upon request, the victim F and the victim G were injured, the entrance was destroyed by the escape of the victim, the entrance was destroyed by the locked, and the police officers who called out were trying to assault the victims even though the police officers attempted to assault the victims, and the crime is very bad.

There was no agreement with the victims.

Since 200, the Defendant was punished for driving under drinking, etc. four times, and was sentenced to a suspended sentence for eight months due to interference with the performance of official duties and driving under drinking in 2004.

In addition, in full view of all the sentencing conditions shown in the records and arguments such as the defendant's age, sex, environment, etc., the sentence of the court below is not recognized to be unfair.

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