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(영문) 의정부지방법원 2017.09.27 2017노2150

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who has lost mental or physical loss or mental disorder, committed each of the crimes of this case under the condition of mental or physical loss or mental weakness.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant, even in the judgment of the court below, argued that the above grounds for appeal are identical to the part of the mental or physical loss or the part of the mental or physical weakness.

The court below rejected the defendant's assertion that the defendant did not have or lack the ability to discern things at the time of each of the crimes in this case, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the background leading up to the crime, the means and methods of the crime, and the defendant's behavior before and after the crime.

Examining the judgment of the court below closely with the evidence, the above judgment of the court below is just and acceptable, and the defendant's above mental and physical loss or mental weakness is without merit.

B. In full view of the circumstances that the lower court rendered on the grounds of sentencing and all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the Defendant is deemed appropriate, and thus, cannot be deemed unfair because it is too unreasonable, and there are no other special circumstances to change the above sentence. Therefore, the Defendant’s allegation of the above unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.