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(영문) 서울남부지방법원 2016.03.25 2016노12
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing each of the instant crimes.

B. In light of the fact that each of the instant crimes and any contingent crime was committed under the influence of alcohol, the punishment sentenced by the lower court (six months of imprisonment) is too unreasonable and unfair.

2. Determination

A. In full view of the background and method of each of the instant crimes, the method and method of each of the instant crimes, the circumstances at the time of each of the instant crimes and the following circumstances, the Defendant’s speech and behavior, and in particular, the Defendant’s resident registration number was given to the police officer in charge immediately after the instant arrest, etc., the Defendant was in a state that the Defendant had no or weak ability to discern things or make decisions due to drinking at the time

It does not appear.

Therefore, the defendant's mental disorder is not accepted.

B. Taking into account the circumstances in which the defendant asserts the sentencing unfair, ① the defendant has been subject to punishment for a crime related to violence, even though he has the same criminal record and has many ages, and ② the obstruction of the performance of official duties requires strict punishment to establish public authority and legal order. ③ Each of the crimes of this case is a police officer in charge who was dispatched by the defendant upon receipt of the report of the assault case, and was faced with an injury by taking the face of the police officer in charge of the defendant's face, and the victim's resident registration number, etc., and did not make any effort to recover the victim's true death or damage. ⑤ The defendant did not violate his authenticity, such as causing injury to the inmate in the same ward while living in custody.

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