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(영문) 부산지방법원 2017.11.16 2017노3703
특수공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant, a mentally and physically weak, was drunk, and was unable to discern things or make decisions.

B. The punishment sentenced by the lower court (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below on the assertion of mental and physical weakness, it is acknowledged that the defendant had drinking alcohol at the time of the crime of this case, but considering the circumstances, process of the crime of this case, the defendant's behavior before and after the crime of this case, etc., the defendant committed the crime of this case in a state where the defendant lacks the ability to discern things or make decisions.

It does not appear.

Therefore, the defendant's above assertion is rejected.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court, as indicated in its holding, determined the sentence against the Defendant by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances.

The defendant, at the house of a female-friendly job offering victim C, inflicted bodily injury upon D by using violence against D without any particular reason, and damaged the house of C, and threatened police officers dispatched with knife knife knife knife knife knife knife knife.

The circumstances alleged by the Defendant on the grounds of appeal appear to have already been considered in the sentencing process of the lower court, and there is no new change in circumstances that could change the sentence of the lower court in the trial.

The sentencing conditions, such as the character and behavior, environment, motive, means and result of the crime, the circumstances after the crime, etc., as shown in the deliberation by the court below and the party concerned, and the sentencing guidelines shall be recommended.

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