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(영문) 인천지방법원 2016.09.28 2016노1682
공무집행방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental disorder was under the influence of alcohol at the time of the instant crime, and had no or weak ability to discern things or make decisions.

2) The sentence of the lower court’s unfair sentencing (two years of suspended sentence for one year of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination

A. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was in a state of drinking at the time of the above crime, in light of the following circumstances: (a) the Defendant was deemed to have had the ability to discern things or make decisions due to drinking, in view of the following circumstances: (b) the process and method of the crime; and (c) the Defendant’s speech and behavior

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

B. The instant crime of determining the illegality of sentencing by the Defendant and the Prosecutor requires strict punishment for a crime committed against a police officer dispatched after receiving a report, and the Defendant has a number of violent crimes including interference with the performance of official duties, and is disadvantageous to the Defendant’s failure to agree with the victimized police officer.

On the other hand, the degree of interference with the execution of official duties is not more severe, and the defendant is physically disabled in the 4th degree of alcohol dependence, and I also have a mental disorder 2th degree of mental disorder.

In addition, taking into account the following factors: Defendant’s age, sex, occupation and environment, motive and background leading to the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too heavy or is deemed unfair as it is too low, and thus, the aforementioned assertion by Defendant and the Prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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