(영문) 서울중앙지방법원 2014.05.29 2014노886

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(영문) 서울중앙지방법원 2014.05.29 2014노886

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 disorder or mental disability with mental disorder.

B. The sentencing of the lower court on the grounds that the sentencing of an unreasonable sentencing (a fine of KRW 1.5 million) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the records on the assertion of mental disorder, although the defendant was found to have a drinking condition at the time of the crime of this case, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime in light of the circumstances revealed in the records, such as the background leading to the crime, details of the crime, and the defendant's behavior before and after the crime.

Since it is not recognized that the defendant was in a state or weak condition, the above assertion by the defendant is without merit.

B. There are extenuating circumstances, such as the fact that the defendant's decision on the assertion of unfair sentencing is deeply divided, that the defendant has no record of punishment heavier than imprisonment without prison labor, and that the defendant is in an economically unsured position.

However, in order to protect legitimate performance of official duties of the State and establish sound social order, there is a need for strict punishment of obstruction of performance of official duties; the court below issued a summary order of KRW 2 million, which was originally sentenced to a fine of KRW 1,500,000,00 in consideration of the circumstances favorable to the defendant; however, the court below sentenced to a reduction of fine of KRW 1,50,000,000 in consideration of the circumstances favorable to the defendant; and there is no change in the circumstances or circumstances that may be newly considered in the sentencing after the sentence of the court below; and in full view of other circumstances that are the conditions for sentencing as indicated in the arguments and records of this case, including the defendant’s age, character and behavior

3. Conclusion, the defendant's appeal is groundless, and thus, it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

유사 판례

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