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(영문) 춘천지방법원 2014.07.02 2014노310
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was under the influence of alcohol at the time of each of the instant crimes, and the mental and physical disorder Defendant had weak ability to discern things or make decisions. 2) The sentence imposed by the lower court on the Defendant (one month of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's mental disorder argument, the defendant is deemed to have had drinking alcohol to a certain extent at the time of each of the crimes of this case, but in light of the circumstances leading to each of the crimes of this case, the method and method of the crime, and the circumstances after the crime, etc., it is not deemed that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of each of the crimes of this case. Thus,

B. In light of the circumstances that are favorable to the defendant, such as the deposit of KRW 1 million to the police officer J, the agreement is reached with the victims of the damage to property and insult, the degree of damage caused by each of the crimes of this case is relatively minor, and the nature of each of the crimes of this case is not easy in light of the type of the crime and the gravity of the crime. Nevertheless, even though the defendant's mistake was not divided, it was urgent for the defendant to defend himself, rather than for his mistake, and the power of the defendant punished for the same crime of this case is several times including three times of suspended execution, other factors such as the motive and background leading up to each of the crimes of this case, circumstances after the crime, the age of the defendant, character and conduct, and the environment, etc., the punishment imposed by the court below is too heavy or unreasonable.

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