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(영문) 대전지방법원 2016.03.31 2016노131
공무집행방해등
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 suffered from a mental disorder, such as stimulative disorder, stimulative disorder, etc., and was in a state of mental and physical loss or mental weakness under the influence of alcohol.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the motive and background of the instant crime, the process of the instant crime, and the Defendant’s speech and behavior immediately after the instant crime, which is acknowledged by the record as to the assertion of mental and physical disorder, the Defendant was under the influence of alcohol due to the polar disorder, etc., and even though, at the time of the instant crime, the Defendant was found to have no or weak ability to discern things at the time of the crime.

It does not appear.

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

B. The following are the circumstances favorable to the Defendant: (a) the Defendant was seeking to commit the instant crime; (b) there is a family member to support the Defendant; and (c) the Defendant agreed with N, a representative of D.

However, for the maintenance of judicial order and public peace, there is a need to strictly cope with the crime of interference with the performance of official duties. Although the defendant had been sentenced to imprisonment and fines on several occasions due to interference with the performance of official duties and violent crimes, he committed the crime of this case in a similar way again during the period of repeated crime, and therefore, the crime of this case is extremely poor and there is a need to punish the defendant. When the defendant is under the influence of alcohol, he committed the crime of this case, even though he had sufficiently been aware that he appeared to have been under the influence of alcohol, and there is an unfavorable circumstance against the defendant, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc. In full view of all the sentencing conditions, the sentence of the court below is too excessive.

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