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(영문) 인천지방법원 2015.03.12 2015노197
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant committed the instant obstruction of performance of official duties under the influence of alcohol due to a mental disorder and without a mental disorder, at the time of the crime, there was mental disorder or mental disorder at the time of the crime.

B. The sentence imposed by the lower court on the Defendant (eight months of imprisonment and one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant was deemed to have drinking alcohol at the time of committing the crime of obstruction of the performance of official duties, but in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time

It does not seem that there was a weak or weak state, and there is no other evidence to deem that the defendant had a mental disorder.

Therefore, the defendant's above assertion is without merit.

B. The Defendant’s confession of the assertion of unfair sentencing is more favorable, but the Defendant committed the instant crime during the period of repeated offense despite his previous conviction, and the Defendant did not reach an agreement with the victim of the instant fraud, and the Defendant’s age, character and conduct, motive, means and method of the instant crime, and circumstances after the commission of the crime, etc. do not mean that the lower court’s punishment is too unreasonable, in full view of the following circumstances.

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

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