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(영문) 서울중앙지방법원 2017.04.28 2017노523
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was physically and mentally weak, was unable to completely memory at the time of committing the instant crime by drinking alcohol prior to the instant crime, and the Defendant was physically and mentally weak.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined in the lower court’s judgment on the assertion of mental and physical weakness, the Defendant is deemed to have served alcohol at the time of committing the instant bodily injury, but in full view of the background, process of the instant crime, the Defendant’s act before and after the instant crime, etc., the Defendant lost his ability to discern things or make decisions, and committed each of the instant crimes under weak conditions.

It does not appear.

Therefore, the defendant's above assertion is rejected.

B. In the instant case where there is no change in the sentencing conditions that would be specifically considered in the appellate court’s judgment on the unfair argument of sentencing, in full view of various circumstances, including the Defendant’s age, sexual conduct, environment, health condition, family relationship, motive, means, and consequence of the crime, etc., the lower court’s sentence against the Defendant is too unreasonable because it goes beyond the scope of the sentencing discretion.

Therefore, the defendant's argument of sentencing is not accepted.

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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