(영문) 수원지방법원 2015.11.27 2015노5594 | 리걸엔진

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(영문) 수원지방법원 2015.11.27 2015노5594

공무집행방해등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Each of the instant crimes committed by the Defendant with mental or physical disorder is in a state of mental or physical disorder or mental disorder. 2) The sentence imposed by the lower court on the Defendant of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. According to the records on the Defendant’s assertion of mental disorder, the following facts are acknowledged: the Defendant is deemed to have a mental retardation, sacrific personality disorder falling under class 3 of disability; the Defendant’s drinking at the time of each of the instant crimes, but in light of the Defendant’s usual drinking volume, the background, means, method and place of each of the instant crimes; the Defendant’s act before and after the crime; and the circumstances after the crime, etc., it does not appear that the Defendant did not have the ability to discern things or make decisions due to mental illness or alcohol at the time of each of the instant crimes; thus, the Defendant’s mental disorder assertion is without merit.

B. The fact that the defendant recognized the facts of each of the crimes of this case, the defendant's health is not good, the defendant supports the mother whose health is not good, and the fact that the exercise of the tangible force of each of the crimes of obstruction of performance of official duties is favorable to the defendant, and that the crime of obstruction of performance of official duties is not easy, and that the crime of obstruction of official duties is not easy, and that the defendant is not easy to commit the crime of obstruction of official duties, and that the defendant has been sentenced twice to the crime of obstruction of official duties and the suspension of execution of imprisonment twice due to the crime of obstruction of official duties, despite the fact that each of the crimes of this case was committed against the defendant.

The character, conduct, age, family relationship, motive, circumstance, means and consequence of the crime in favor of or against such defendant.

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