(영문) 창원지방법원 2018.07.11 2018노913 | 리걸엔진

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(영문) 창원지방법원 2018.07.11 2018노913

공무집행방해등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant case.

2) Improper sentencing (the lower court’s punishment: 10 months of imprisonment)

B. Prosecution’s improper sentencing

2. Determination

A. The Defendant’s mental and physical assertion of the Defendant is deemed to have committed each of the crimes of this case under the influence of alcohol, but does not seem to have committed each of the crimes of this case under the influence of alcohol, in view of the details and methods of the crime indicated in the records of this case, the contents of the crime, and the conduct before and after the crime.

Therefore, the defendant's assertion is without merit.

B. We examine both the Defendant and the Prosecutor’s argument regarding each unfair sentencing of the Defendant and the Prosecutor.

1) The appellate court is reasonable to respect the determination of the first-class sentencing in cases where there is no change in the conditions of sentencing compared to the first-class trial, and the first-class sentencing does not deviate from the reasonable scope of discretion.

2) The lower court determined a sentence by taking into account the following circumstances: (a) the degree of damage and infringement of legal interests caused by each of the instant crimes, the Defendant’s age, sexual conduct, environment, motive and means of the crime, and circumstances after the crime, etc.: (b) considering the following circumstances: (c) the Defendant was able to have been punished for the same kind of crime, and the Defendant committed the instant crimes, even though he/she could have been able to have been punished for the same crime; and (d) the fact that the Defendant committed the instant crimes again during the period of repeated crime; and (e) the quality of the crime, such as assaulting police officers performing official duties, was not good.

3) Each of the reasons for sentencing alleged by the Defendant and the Prosecutor appears to have been sufficiently considered in determining the Defendant’s punishment, and the above sentencing conditions are different.

유사 판례

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