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(영문) 인천지방법원 2014.09.19 2014노1755
공무집행방해등
Text

The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant was in a state of mental disability at the time when the lower court committed each crime of obstruction of performance of official duties, damage to public goods, and each crime of damage to public goods in the lower court, and at the time when the lower court committed each of the crimes in the case 2013 high-

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. The following circumstances acknowledged by the evidence duly adopted and examined at the lower court’s determination on the claim of mental disability: ① the Defendant was drinking alcohol at the time of the lower court’s obstruction of the performance of official duties, the crime of damage to public goods, and each crime in the lower court’s 2013Kadan6346 case; ② the victimized police officer or the victim made a statement that the Defendant was under the influence of alcohol at the time of the crime; ② the Defendant, after making an investment around 2005, she was drinking daily by drinking alcohol with people, was flickly and flickly; around 2008, after drinking alcohol and received treatment at a hospital for one-month mental diagnosis at the Medical Treatment and Custody Office or at the hospital; according to the Defendant’s mental appraisal document at the Public Medical Treatment and Custody Center, the Defendant was able to find that the Defendant was under the influence of alcohol or alcohol addiction before and after committing the crime; the Defendant’s specific means of attack and alcohol addiction before and after the crime; and the circumstances leading up to each possible alcohol addiction;

3. If so, the defendant's argument of mental disability is justified, without examining the argument of unfair sentencing, Article 364 (2) of the Criminal Procedure Act.

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