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(영문) 대구고등법원 2017.06.01 2017노50

특수공무집행방해치상등

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1. The defendant's appeal on the part of the case against the defendant is dismissed.

2. The part of the judgment below regarding the medical treatment and custody claim.

Reasons

On February 14, 2017, the defense counsel of the defendant alleged mental and physical loss on the grounds of appeal by the defendant's defense counsel on February 14, 2017, but clearly withdrawn the above argument on the first trial date.

In the part of the case of the defendant, the punishment imposed by the court below on the defendant and the person who filed for the medical care and custody (hereinafter "the defendant") (the punishment amounting to five million won, confiscation) is too unreasonable.

It is unreasonable to sentence the medical care and custody for the defendant, not the medical care order, considering the mental medical records of the defendant in the part of the medical care and custody claim, current state and criminal records.

Judgment

Examining the various sentencing conditions in the part of this case of the defendant case, the following facts are as follows: the defendant appeared to reflect misunderstandings in depth while jointly committing the crime; the defendant committed the crime of this case under the condition of mental and physical weakness due to mental disorder such as bipolartic disorder, etc.; the defendant, Cambodian nationality, married with his husband at around 2011 and entered the Republic of Korea; the defendant married with his husband at around 201 and went into the Republic of Korea; the temporary death of the starting child; the number and birth of the starting child who was hospitalized in the home room for the middle patient; the birth and childcare of the two children; and the occurrence of bipolartic disorder, etc. due to the failure to receive proper treatment; the defendant deposited KRW 1 million for the victimized police officer; the first offender who did not have any criminal history in Korea; the second and second years, the second years, the second years, the second years, the second years, and the second two married children who complain for favorable treatment to the defendant.

On the other hand, without any particular reason, the crime of this case refers to the defendant's excessive passage of a house, which is a dangerous object on the street, and threatens the police officer dispatched upon receiving a report to go up with the excessive course, and interferes with the performance of official duties. In light of the crime's circumstance, method, place, etc., the crime is not less complicated, and the place of the crime is long distance from the passage of Neow residents.