(영문) 울산지방법원 2015.12.11 2015노927 | 리걸엔진

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(영문) 울산지방법원 2015.12.11 2015노927

공무집행방해

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) was under the influence of alcohol at the time of the instant case with mental disorder and thereby committed in the state of mental disability or mental and physical disability. 2) The lower court’s sentence of unreasonable sentencing (a fine of three million won) is too unreasonable.

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

2. Determination

A. According to the records of this case, it is acknowledged that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case, and that the defendant stated to the effect that the crime of this case is not memory under the influence of an investigative agency. However, in light of the circumstances of each of the crimes of this case, the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case.

The defendant's allegation in this part cannot be accepted as it seems to be in a state or weak condition.

B. In light of the fact that the Defendant and the prosecutor’s argument on the unfair sentencing of the Defendant and the prosecutor were assaulted by the method of bucking with the police officer on his own disturbance, and that there is a need to strictly punish the crimes of obstruction of performance of official duties in order to establish the state’s legal order and eradicate the light of the public authority.

However, considering favorable circumstances, such as the fact that the Defendant recognized all of the instant crimes, the fact that the Defendant appears to have reached the instant crimes, the fact that there is no record of punishment for the same kind of crime, etc., and taking into account other factors of sentencing as indicated in the records, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the lower court’s sentence is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s above assertion are without merit.

3. In conclusion, the Defendant and the Prosecutor’s appeal are all filed.

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