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(영문) 의정부지방법원 2014.08.14 2014노1312

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case is a mental and physical disability or mental health disorder.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, confiscation) is too unreasonable.

2. Determination:

A. According to the records of mental and physical disability or mental health, the defendant at the time of committing the instant crime can be acknowledged as having been in a state of mental and physical disability. However, it appears that it does not reach the state of mental disorder. The court below recognized the defendant's state of mental and physical disability at the time of committing the instant crime

I would like to say.

B. Considering the fact that at the time of the instant crime of unfair sentencing, the Defendant had weak ability to discern things or make decisions due to stimulative disorder at the time of the instant crime of unfair sentencing, and considering the fact that the victims did not want punishment against the Defendant, the instant crime of this case was committed in a restaurant, thereby obstructing the Defendant from entering the restaurant and obstructing his duties, harming the Defendant from creating the sea, placing excessive materials, which are dangerous objects, and harming the Defendant, and stimulatedly in two times, and stimulatedly committing the crime. The Defendant committed the instant crime of this case more than 15 times before the previous department, and more than 15 times during the period of repeated crime of obstruction of performance of official duties. The Defendant committed the instant crime during the period of repeated crime of obstruction of performance of official duties, and the Defendant appears to have an aggressive and aggressive tendency, in light of all the sentencing conditions indicated in the record of this case, such as the age, character and conduct of the Defendant, environment, motive, motive, means and consequence of the crime, etc.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.