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(영문) 서울북부지방법원 2017.01.12 2016노2142
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s crime of this case with mental or physical disorder is committed in the state of mental or physical loss or mental weakness (e.g., under the influence of alcohol or mental or physical weakness). B. The punishment that the court below sentenced against the Defendant who was unfair in sentencing (ten months of imprisonment, two years of suspended execution, two years of suspended execution, and order to observe protection) is too unreasonable.

2. Judgment on the grounds for appeal

A. The fact that the Defendant committed the instant crime in a state of mental and physical disorder is recognized by the lower judgment, and in light of the circumstances that the Defendant, recognized by the record, committed the instant crime before and after the commission of the instant crime, the developments leading to the instant crime, and the Defendant’s behavior at the time, etc., the Defendant was in a state of lack of ability to discern things or make decisions at the time of preventing the instant crime.

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

B. Although there are no circumstances to consider the circumstances such as the Defendant’s recognition of the instant crime, the fact that the Defendant agreed with the victim K, the Defendant committed the instant crime in a state of mental or physical weakness, and the fact that the Defendant has no record of criminal punishment, the lower court has already determined the sentence by taking into account the circumstances favorable to the Defendant; the lower court did not change any special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and the Defendant’s age, sexual behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, and other circumstances that form the conditions for the pleadings and the sentencing specified in the records, such as the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, means and method of the crime,

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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