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(영문) 서울남부지방법원 2013.07.05 2013노643
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s crime of this case was committed in a state of mental disorder or mental disorder.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, in light of various circumstances, such as the fact that the Defendant had drinking alcohol at the time of the instant crime, but the Defendant’s behavior before and after the instant crime was found and the Defendant testified in the process of crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.

B. In full view of the following circumstances: (a) the lower court sentenced a fine imposed by a summary order by taking into account the Defendant’s economic situation, etc.; and (b) there is no change of circumstances that may be considered in sentencing after the lower judgment; (c) the nature and circumstances of the instant crime; (d) the degree of damage; and (e) the background, means and methods of the instant crime; and (e) the circumstances after the instant crime; and (e) the Defendant’s age-oriented environment; and (e) various circumstances, which are conditions for sentencing prescribed in Article 51 of the Criminal Act

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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