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(영문) 서울고등법원 2017.04.21 2016노4088

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등

Text

Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the Defendant and the Defendant and the Defendant and the Defendant for the medical care and custody (hereinafter “Defendant”) did not commit each of the crimes of this case.

2) The punishment sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

B. The lower court’s judgment on the part of the medical care and custody claim is unreasonable.

2. Determination:

A. Part 1 of the case by Defendant 1) The Defendant alleged the same as the above grounds for appeal at the court below, and the court below rejected the above assertion in detail by stipulating in detail the decision on the Defendant’s assertion. In light of the records and comparison of the above judgment of the court below, the judgment of the court below is justified, and there is an error of law by mistake of facts

Therefore, the defendant's above assertion is without merit.

2) Sentencing unfair criminal defendant committed each of the crimes of this case in a state of mental and physical weakness caused by mental division, the amount of damage caused by the damage of property is minor, and the degree of assault against the victimized police officers is not limited. However, although the defendant has favorable circumstances for the defendant, the defendant has harmed the utility of others by destroying portable tracking device and home supervisory device, has obstructed the police officers dispatched by assaulting the police officers to interfere with the performance of their official duties, has obstructed the performance of official duties, and has repeatedly committed the crime such as obscenity, and the obstruction of the performance of official duties requires strict punishment by emphasizing the state's public authority. Although the defendant had the record of punishment for the same crime, the defendant again committed the crime of interference with the performance of official duties, despite the fact that the defendant had been punished for the same crime, it appears that he had a sense of sexual humiliation and mental impulse to many unspecified persons by committing the crime of obscene performance, the motive, background, means and method of the crime of this case, the situation before and after the crime, and the age, sex, etc. of the defendant expressed