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(영문) 광주지방법원 2013.06.21 2013노997

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged mental disorder was in a state of mental disorder or mental disorder due to the stimulationcopic disorder and drinking disorder at the time of committing the instant crime.

B. The lower court’s imprisonment is too heavy when taking into account various circumstances on the Defendant’s assertion of unfair sentencing.

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, there is a doctor’s opinion that the defendant needs to receive a therapy as a result of depression and a prone impulse disorder, and even if he was aware that he had drinking at the time of the instant crime, considering all circumstances such as the background leading up to the crime, the means and method of the crime, the defendant’s act before and after the instant crime, etc., the defendant did not have the ability to discern things or make decisions due to extreme impulse impulse impulse impulse disorder or alcohol at the time of the instant crime.

Therefore, this part of the defendant's assertion is without merit, since it seems that there was a weak state or weak state.

B. Considering the circumstances such as the fact that the Defendant committed the instant crime, and the Defendant suffered from disease, such as Teinson’s disease and Maul, etc., even before the instant crime was committed, the Defendant was subject to a prior disposition, such as obstruction of the performance of official duties, damage to public goods, or suspension of the execution of imprisonment, even before the instant crime was committed. Nevertheless, the Defendant committed the same kind of crime without being informed during the period of suspension of execution, and the Defendant’s tendency that expresses friend violence and expressed friend labor to government offices, there is a need to keep the risk of recidivism isolated from society between society where the risk of recidivism is very high, and have anti-competence and correction hours. In addition, all the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, and conditions before and after the instant crime, etc.