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(영문) 대구지방법원 2017.02.15 2016노3868

특수공무집행방해등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The seized camping nets (No. 1) are one (No. 1).

Reasons

1. Summary of grounds for appeal;

A. At the time of committing each of the instant crimes, the Defendant was physically and mentally weak at the time of each of the instant crimes.

B. The sentence sentenced by the lower court (one year of imprisonment, confiscation) is too unreasonable.

2. The following circumstances acknowledged by the lower court and the first instance court’s judgment as to the assertion of mental disorder and the evidence duly investigated and adopted by the trial court, namely, ① the Defendant was diagnosed as “Mandong Hospital” in around 2008 and was subject to pharmacologic treatment at the seat of the National Rice Mental Hospital, etc., ② the Defendant was diagnosed as “I mental health department located in Daegu-gu, Daegu-gu, nine days before the date of each of the instant crimes, and was subject to pharmacologic treatment.” The doctor in charge presented to the effect that the Defendant was in need of long-term mental treatment for two or more years in the future. ③ The mental and doctor in charge of the medical care and custody center, who conducted the mental diagnosis of the Defendant at the first instance trial, deemed that the Defendant had no ability or ability to determine whether the Defendant was able to discern things due to illness at the time of each of the instant crimes, and that the Defendant continued to appear in the investigative agency and the National Police Agency’s statement to the effect that the Defendant had no capacity to appear at the scene of the instant crimes.

Since the defendant's above assertion is reasonable.

3. According to the conclusion, the Defendant’s appeal is dismissed.