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(영문) 청주지방법원 2014.03.13 2014노31
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 under the influence of alcohol and had weak ability to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the judgment on the assertion of mental disorder, although the defendant could have been found to have a drinking condition 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, and the circumstances after the crime, etc., it cannot be seen that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime in this case. Thus, the above assertion by the defendant is without merit

B. The Defendant’s decision on the assertion of unfair sentencing is against his own mistake in depth, and the favorable circumstances such as the deposit of KRW 1 million under the pretext of an agreement for the recovery of damage by the police officers assaulted in this court should be recognized.

However, when considering the circumstances after the crime of this case, the defendant's age, character and behavior, environment, etc. and all of the sentencing conditions in the records and arguments, it cannot be said that the sentence of the court below is too unreasonable, considering the fact that the defendant could have been punished as an act of violence, and as a result, the crime of this case was committed by the police officer due to physical exercise reported by the defendant.

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

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