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(영문) 부산지방법원 2015.01.08 2014노4273
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant crime, was suffering from alcohol dependence and depression, etc., and was in a state of mental disorder.

B. The lower court’s imprisonment (one year of imprisonment) on the ground of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the various circumstances such as the behavior before and after each of the instant crimes and the Defendant’s criminal power, living attitude, and tendency, etc., as indicated in the judgment records as to the claim of mental retardation, the Defendant was under drinking alcohol and drinking alcohol without restraint, and committed most of the Defendant’s previous criminal records, and the Defendant’s behavior before and after the crime. In light of the fact that the Defendant suffered alcohol dependence and depression at the time.

Even if it is difficult to view that the defendant's ability or intent to change things has reached a weak state, the above argument by the defendant is without merit.

B. In light of the fact that the Defendant had been punished several times for the same type of crime, and that the Defendant’s act of obstruction of performance of official duties by taking advantage of the following: (a) instead of being imprudented during the period of repeated crime, the Defendant obstructed the performance of official duties by taking advantage of his or her behavior before female public officials in charge of social welfare in the community service center; and (b) the act of obstruction of performance of official duties requires strict discretion and infringement of legitimate public authority; and thus, (c)

However, in full view of the motive and circumstance of the instant crime, Defendant’s personality and behavior, and environment, etc., the sentence of the lower court is somewhat heavy, in view of the following: (a) the Defendant’s mistake is seriously against the society; and (b) the health is not good while living alone for the aged; and (c) the intent and effort for treating alcohol dependence and depressions, etc. is prudented.

3. Accordingly, the defendant's argument of mental disability is not reasonable, but the defendant's argument of unfair sentencing.

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