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(영문) 서울남부지방법원 2016.06.16 2016노501
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant claiming mental disorder has no part of memory at all by drinking at the time of committing the instant crime.

B. Although the Defendant did not memory the sentencing, the Defendant is against himself/herself, both of the facts charged are crypted, and his/her mistake is crypted in depth.

The Defendant, at the time of five years prior to the beginning, has been receiving treatment with respect to alcohol alcohol, but has repeated drinking time every time when she is mound.

In the future, it is necessary to systematically treat alcoholic beverages and cause water.

The defendant is not to be able to recover from damage due to the fact that he/she has committed an unmarried work day.

The degree of damage caused by a crime is not much serious.

The criminal records of the defendant's punishment are most criminal records.

In full view of these circumstances, the punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. Determination

A. 1) According to the evidence duly admitted and examined by the court below, the defendant is deemed to have a drinking condition at the time of the crime of this case, but it is not determined that the defendant has a lack or weak ability to discern things or make decisions due to the circumstance leading to the crime of this case, the means and method of the crime of this case, and the circumstances after the crime of this case. Thus, the mental and physical disorder argument is without merit.

2) Even if the Defendant had a mental disorder at the time of committing the instant crime

Even in light of the Defendant’s drinking habits and criminal records, it was predicted in advance that the Defendant could block the crime under the influence of alcohol and that the Defendant was placed in a state of mental and physical disorder by drinking.

Therefore, the above act by the defendant constitutes "free act in the cause" as stipulated in Article 10 (3) of the Criminal Act, and the above argument cannot be accepted.

B. Regarding the unfair argument of sentencing

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