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(영문) 수원지방법원 2017.09.20 2017노5102
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 was suffering from stimulative disorder at the time of the instant crime, and was in a state of mental and physical weakness under the influence of alcohol.

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

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, the fact that the defendant was receiving medical treatment due to a divesive disorder, etc., and the fact of drinking alcohol at the time of the instant case is recognized.

However, in light of the circumstance in which the Defendant voluntarily stated that the situation at the time of the instant case was memoryd (in the investigation record 39 pages, 69 pages) or the Defendant’s words and attitudes, etc. seen earlier, the fact alone was in a state that the Defendant lacks the ability to discern things or make decisions at the time of the instant case.

shall not be determined.

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

B. The Defendant again committed the instant crime during the period of suspension of execution due to the same criminal conviction, the Defendant had the record of several times in addition to the above suspended sentence, and the attitude of the instant crime is dangerous and defective; the crime obstructing the performance of official duties requires strict punishment as a crime prejudicial to the State’s function by nullifying the legitimate exercise of public authority; and other various sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex and behavior, environment, motive, means and consequence of the instant crime, etc., comprehensively taking account of various sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sexual behavior and environment, motive, means and consequence of the crime, the circumstance after the crime, etc., it is deemed unfair for the lower court to have

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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