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(영문) 서울남부지방법원 2014.02.13 2013노1918
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability due to drinking at the time of the instant crime.

Nevertheless, the court below committed an unlawful act that misleads this.

B. The sentence imposed by the court below on the defendant (the fine of four million won) is too unreasonable.

2. Determination

A. In light of various circumstances indicated in the record, such as the background of each crime of this case and the defendant's act before and after the crime of this case, it is not recognized that the defendant committed a state of lacking the ability to discern things or make decisions at the time of the crime of this case. Thus, this part of the defendant's assertion is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing does not have any special circumstances or changes in circumstances that may be considered in sentencing newly after the sentence of the lower judgment, and the Defendant, who is to be a model of society through a clear and native life, rather than a female taxi engineer, has expressed a desire to put in the taxi engineer, and interfere with the performance of official duties, etc. of the instant crime. In light of the circumstances favorable to the Defendant, the lower court sentenced a fine of 4 million won, which has been partially reduced by five million won under the summary order, by taking into account various circumstances favorable to the Defendant, and sentenced the Defendant to a fine of 5 million won, which has no special circumstances or changes in circumstances that may be considered newly after the sentence of the lower judgment, and has committed the instant crime and the conditions of sentencing indicated in the arguments and the records of the instant case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, the result of the crime, and the circumstances after the crime, etc., comprehensively divided into economic circumstances, i.e., economic circumstances that the Defendant asserts as his reason for appeal.

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