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(영문) 서울중앙지방법원 2016.06.17 2016노529
공무집행방해
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 in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The punishment sentenced by the first instance court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the judgment on the assertion of mental and physical disorder, even though the defendant was somewhat aware of the fact at the time of the crime in this case, in light of the defendant's usual drinking volume, the background leading up to the crime, the means and method of the crime, the defendant's attitude and speech before and after the crime, and the circumstances after the crime, etc., the defendant was in a state or lacks ability to discern things or make decisions due to drinking at the time of the crime in this case.

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

B. The following are the circumstances favorable to the Defendant: (a) the Defendant’s mistake in the determination of the unfair argument of sentencing is divided; (b) the degree of damage is relatively minor; and (c) the damaged police wishes to take the front place without the punishment of the Defendant.

However, considering the fact that the Defendant committed the instant crime even if he had been punished several times for the same crime, and there is no change in the sentencing conditions to be specially considered in the trial during the period of repeated crime, as well as other various circumstances that are the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and means of the crime, and the consequences of the crime, even if considering all the circumstances asserted by the Defendant, the sentence sentenced by the first instance court is deemed appropriate.

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

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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