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(영문) 서울서부지방법원 2013.07.16 2013노488
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

B. The imprisonment imposed by the lower court (six months of imprisonment) is too heavy.

2. Determination:

A. According to the court below's and the evidence duly examined and adopted at the court below's and the trial court, it is acknowledged that the defendant had drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the means and method of the crime, the behavior of the defendant before and after the crime of this case, the circumstances after the crime of this case, and the amount of the defendant's reputation, etc., it cannot be seen that the defendant did not have reached a state where the defendant's ability to discern things or make decisions at the time

B. As to the assertion of unfair sentencing, the Defendant recognized both the instant crime and reflected his mistake, and the fact that an agreement was reached between the victim D and H in the lower court is favorable to the Defendant.

However, the defendant has already been sentenced to a fine by using violence or interfering with the business of neighboring merchants without any particular reason on several occasions, as well as by obstructing the performance of official duties, etc., and again committed the crime of this case even though he is currently under the suspension of execution, he again again committed the crime of this case. In light of such tendency of the defendant, it is necessary to separate him from society during the period of the suspension of execution, so that he can have anti-competence and correction time.

In addition to these points, in full view of the various factors of sentencing shown in the argument of this case, the sentence imposed by the court below is the balancing of recommendations in accordance with the sentencing criteria of the Supreme Court Sentencing Commission for the crimes of obstruction of performance of official duties, for which the sentencing guidelines set out within an appropriate range of sentencing are set.

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