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(영문) 수원지방법원 2018.04.13 2017노9217
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

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

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s mental and physical assertion, the Defendant appears to have been under the influence of alcohol at the time of each of the instant crimes. However, in light of the details and content of the crime, and the circumstances before and after the crime, etc., it cannot be deemed that the Defendant committed a physical and physical loss or mental weakness. Therefore, the Defendant’s mental and physical assertion is without merit.

Even if the defendant was physically and mentally weak,

Even if the defendant's past criminal records and the behavior of the defendant at the time were considered, the risk that may occur after drinking was predicted in advance and the mental and physical weakness was omitted.

As such, the so-called "free act in the cause" under Article 10 (3) of the Criminal Act is not subject to mitigation of mental and physical weakness.

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

B. The Defendant’s judgment on the Defendant’s wrongful assertion of sentencing is making a confession of all of the instant crimes, and the degree of damage to the instant crime interfering with the execution of official duties is not much serious.

The defendant is a tree with a career of 20 years and has 10 persons in a construction site, who work in good faith.

The defendant not only agreed with the victim of the crime of interference with business prior to the pronouncement of the judgment of the court of first instance but also agreed with the victim of the crime of interference with the performance of official duties and the victim of the offense of insult, which is favorable to the defendant.

However, the Defendant committed each of the instant crimes again during the suspension of execution due to the same kind of crime.

In addition, the defendant commits each of the crimes of this case.

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