(영문) 창원지방법원 2016.08.11 2016노1031 | 리걸엔진

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(영문) 창원지방법원 2016.08.11 2016노1031

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

B. The punishment of the lower court’s unfair sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. We examine the argument about mental and physical disorder. According to the evidence duly adopted and investigated by the court below, the defendant's assertion is without merit, since it is not deemed that the defendant had the ability to discern things or make decisions, considering the circumstances leading to the crime, the method and method of the crime, and the circumstances after the crime.

B. We examine the judgment on the unfair argument of sentencing, the fact that the defendant is living in prison for six months due to the obstruction of the performance of official duties, and that the police officer I, who agreed with the victim E of the obstruction of duties, did not want to be punished against the defendant is a favorable reason of sentencing. The defendant has been punished on two occasions by obstruction of duties and six times by obstruction of the performance of official duties. In particular, the fact that the defendant committed the crime of this case on the day when he was released after living in prison for six months due to the obstruction of the performance of official duties.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and thus, the Defendant’s assertion is without merit.

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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