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(영문) 서울중앙지방법원 2016.06.16 2016노1184
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, who was physically and mentally weak, was under the influence of alcohol.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical weakness, the Defendant could recognize the fact of drinking at the time of committing the instant crime, but thereby, the Defendant had weak ability to discern things or make decisions.

It does not appear.

The above assertion by the defendant is without merit.

B. In full view of the following factors: (a) assaulting two police officers who intend to assist the Defendant’s daily activities to determine the illegality of sentencing; and (b) comprehensively consider all the conditions of sentencing as indicated in the records and theories of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime; and (c) the circumstances after the commission of the crime, etc., even if considering the favorable circumstances for the Defendant, such as the Defendant’s mistake and reflects the Defendant’s wrong recognition; and (d) the Defendant has no criminal record exceeding the fine, the sentencing of the lower court cannot

The defendant's above assertion also is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal.

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