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(영문) 서울중앙지방법원 2018.02.08 2017노3213
특수공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case committed by the defendant with mental or physical weakness is committed under the state of mental or physical weakness who suspended the use of clothes for mental illness, such as depression and mental fissiona, and excessive drinking.

B. The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment, confiscation) is too unreasonable.

[Defendant's defense attorney's defense attorney's defense counsel's written appeal on December 11, 2017 when the kitchen knife, which is dangerous to the defendant, enters the kitchen knife, is completed after receiving 112 report. Thus, the defendant's act should not interfere with the performance of special public duties, but be applied to special assault or special assault, and the defendant did not display the kitchen knife at several times to the police officer.

The argument was asserted.

Even if ex officio, a police officer receives a 112 report and restrains the defendant, and the defendant went to his house "I are waiting for the death of flachip." At the time, T, a spouse of the defendant, requested the police officer to restrain the defendant (as of No. 155 of the trial record), and if the defendant puts the kitchen with the kitchen knife at the house and knife the knife and knife the police officer with the kitchen knife at the house (Evidence No. 25, 34, 55 of the trial record), it can be acknowledged that the defendant went to the police officer before the completion of the police officer's performance of his duties and brought the kitchen knife to the police officer, and then put the police officer several times.

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

2. Determination

A. According to the records of mental and physical weakness, the Defendant was receiving treatment at a hospital due to depression, unstable disorder, etc. at the time of the instant crime (Evidence Nos. 1 and 2 of the Defendant’s presentation, and No. 76 through 88 of the trial record), and the fact that the Defendant had drinking alcohol (Evidence No. 47, 127 of the evidence record) is recognized.

However, the defendant was receiving treatment due to depression.

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