(영문) 수원지방법원 2018.09.10 2018노4257 | 리걸엔진

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(영문) 수원지방법원 2018.09.10 2018노4257

공무집행방해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was physically and mentally weak due to alcohol addiction.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too heavy or is so unfilled that (the Defendant) is too heavy.

2. Determination

A. The lower court also asserted that the Defendant had the same purport as the grounds for appeal. In light of the background, content, means, and result of the instant crime, the circumstances before and after the instant crime, etc., the Defendant had the mental and physical weakness at the time of the instant crime.

Therefore, we affirm the judgment of the court below that rejected the above grounds for appeal.

The defendant's mental and physical weak argument is without merit.

B. The court below's attitude of recognizing and opposing the defendant's wrong determination of the sentencing of the defendant and the prosecutor is favorable to the defendant, and the defendant was sentenced to the suspension of the execution of imprisonment in 2009, the suspension of the execution of a fine in 2012, and the sentence of a fine in 2012, and the defendant was sentenced to the crime in this case. The defendant was punished for the crime accompanied by an act of violence. The crime in this case is also a crime during the suspension period of execution due to an act of violence (the above suspension period was imposed as of the date of the decision in this case, but the probation period was imposed as of the date of the decision in this case).

Further, considering the fact that there is no change in circumstances that may reduce or increase the punishment of the court below in the court below in the light of the defendant's age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, etc., the punishment of the court below is deemed reasonable, and it does not seem unfair because it is too heavy or unbrupted.

Defendant

The prosecutor's improper argument of sentencing is without merit.

3. Conclusion, the appeal by the defendant and the prosecutor is groundless.

유사 판례

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-서울고등법원 2016.06.17 2016노952

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