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(영문) 대구지방법원 2015.09.10 2015노2897

재물손괴등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (a) there was only the fact that the Defendant was faced with the vehicle while going beyond the Defendant in relation to the fact of causing property damage, and there was no intentional damage; (b) in relation to the fact of assault and bodily injury, the Defendant was merely an assaulted first by the victims to defend them; and (c) in relation to the obstruction of performance of official duties, the lower court found the Defendant guilty of each of the facts charged in the instant case even though the Defendant was out of the Defendant and was not memory, and was erroneous. (b) The lower court’s sentence of unfair sentencing (eight months)

B. A prosecutor 1) In light of the fact that the Defendant consistently denied the crime of mental illness and that the Defendant did not seem to have any abnormal behavior even after complying with the statement of the victims, the lower court’s judgment mitigated the Defendant on the ground of mental and physical disability was erroneous. 2) The lower court’s sentence of unfair sentencing (two months of imprisonment) is too uneasible and unfair.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, it can be sufficiently recognized that the defendant committed each of the crimes of this case as stated in the judgment below. Thus, the defendant's assertion of mistake of facts is without merit.

B. In light of the circumstances, such as the background and means of the instant crime, the Defendant’s behavior before and after the instant crime, etc. acknowledged by the evidence duly adopted and examined by the lower court, it is reasonable to deem that the Defendant had the weak ability to discern things or make decisions at the time of the instant crime, and the Prosecutor’s allegation in this part is without merit.

C. Without any reason, the Defendant was punished by two times of a fine by an act of violence. The Defendant’s use of violence against ordinary citizens, assaulting police officers in the performance of official duties to injure them, failing to make any effort to recover from damage.