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(영문) 부산고등법원 (창원) 2020.07.22 2020노7

특수공무집행방해치상등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

The seized shot aluminium shot net is used.

Reasons

Summary of Grounds for Appeal

The Defendant, at the time of each of the instant crimes, was in a state of mental disability due to mental illness, such as depression and sternal disease.

The sentence of imprisonment (two years of imprisonment, etc.) imposed by the court below on the defendant is too unreasonable.

According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the claim of mental disability, the defendant had been hospitalized at the J mental hospital four times from May 9, 201 to August 8, 2019, and had received outpatient treatment from the J mental hospital. From the end of August 4, 2018, the defendant completed the last hospitalization treatment and discharged the defendant, the emotional change began in the defendant from the end of August 2018, and thereafter, the defendant showed an inappropriate speech, excessive interest, distorted accident, and the symptoms were observed at the time of the initial hospitalization of the defendant. After the fact that the defendant showed symptoms such as the damage net, accident disorder, judgment disorder, behavior, lack of appraisal, and entertainment, etc., the situation was repeated, and the medical treatment and custody warden presented the opinion of the court below as to "the presumption of mental disorder and other drug harm" to the defendant at the time of the defendant's initial hospitalization, and there was a little difficulty to recognize that the defendant had the mental disorder at the time of the occurrence of the accident.

In full view of the medical history and mental disability of the defendant who can be recognized by the above facts, and the opinions of the Medical Treatment and Custody Director, the background and means of each of the crimes of this case, and the attitude of the defendant before and after each of the crimes of this case, the defendant shall be the sphere of the sphere that is not clearly expressed at