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(영문) 창원지방법원 2017.08.10 2017노1314
공무집행방해
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 disorder is committed in a state of mental and physical loss or mental weakness due to mental disorder.

B. The punishment of the lower judgment that was unfair in sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental disorder, even though the Defendant is deemed to have a mental disorder, such as his/her boundary intelligence and mental delay, it does not seem that the Defendant’s ability to discern things or make decisions was lost or weak due to considering the background of the crime, the process of the crime, the Defendant’s behavior before and after the crime, etc.

The defendant's mental disorder is without merit.

B. It is recognized that the determination of the unfair argument of sentencing is based on the following points: (a) the defendant's mistake and reflects the defendant's mistake; (b) the victimized police officer is the defendant's preference against the defendant; (c) the defendant has mental disorders such as being exempted from military due to intelligence and mental delay; (d) the defendant is the first offender; and (e) the defendant's references are leading and protecting the defendant.

However, since the obstruction of the performance of official duties not only undermines the function of the state's legal order by nullifying the legitimate exercise of public authority, but also is related to the excessive restriction of the general public's safety, it is necessary to punish the corresponding severe punishment. The fact that there is no special change in circumstances that can change the punishment of the court below after the decision of the court below was made, and the defendant's age, sex, sex, environment, family relationship, economic situation, circumstances leading to the crime and motive leading to the crime, and all other matters concerning the sentencing as shown in the records and changes of this case are considered appropriate.

Defendant’s assertion 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.

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