logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.05.10 2018노974
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, even though it is recognized that the Defendant had drinking alcohol at the time of the instant case, it does not seem to have reached a state where the Defendant lacks the ability to discern things or make decisions.

This part of the defendant's assertion is not accepted.

B. A favorable circumstance is that the Defendant recognized and reflected his/her mistake, and agreed with the victim M of the bodily injury.

On the other hand, the fact that the criminal record of the same case had reached several hundreds of times and was a repeated crime, but again commits each of the crimes of this case, and in particular, the fact that the crime of injury was committed without being aware of even though he was being investigated due to a crime obstructing the performance of official duties.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s allegation in this part is without merit.

3. 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 groundless.

arrow