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(영문) 전주지방법원 2021.03.17 2020노1499
공무집행방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the grounds of appeal (the crime of the 2019 Highest 1663 case as stated in the judgment below: fine of 5 million won: the crime of the 2020 Highest 312 case as stated in the judgment below: fine of 15 million won: the crime of the 2020 Highest 312 case as stated in the judgment below), the defendant asserts that the defendant is too unreasonable, and the prosecutor asserts that it is too unfeasible and unfair.

2. From February 2018 to March 2020, the Defendant committed a number of crimes of violence, including each of the instant crimes, and committed crimes of drinking alcohol driving, etc.

Furthermore, the Defendant was sentenced to a suspended sentence on January 24, 2019 (the Jeju District Court 2018 High Court 2018 High Court 2018 High Court 1447) and committed a crime of drinking driving in this case without being aware of a fine even though he was sentenced to a fine for an act of drinking driving during the suspended sentence of a crime of obstructing the performance of official duties.

In that the alcohol concentration (0.173%) of blood at the time of drinking driving is considerably high, there is a high possibility of criticism and a strict punishment.

However, it seems that mental illness, such as both polar disorder and alcohol, suffered by the defendant, seems to have had a significant impact on each of the crimes of this case. At present, the defendant is faithfully receiving treatment for the above mental illness with the assistance of his family members, and the previous will is peeped.

No defendant shall be punished by a fine other than a fine for negligence for driving other drinking.

The court below seems to have determined the sentencing by taking special account of the defendant's mental illness, etc. although there are many such factors as above disadvantageous to the defendant.

Even if the prosecutor re-examines the circumstances asserted on the grounds of appeal, the lower court’s punishment should be reversed.

It is difficult to see, and furthermore, heavy.

It does not seem that it does not appear.

Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and thus, the Criminal Procedure Act is applicable.

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