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(영문) 부산지방법원 2017.05.18 2017노1095
폭행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to the extreme disorder, existing light view, etc.

B. As to the punishment of the lower judgment (one year of imprisonment with prison labor), the Defendant asserts that the prosecutor is too unfasible and unfair as it is too unfasible.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical weakness, the same year from February 9, 2012 by the Defendant.

7. Until February 28, 2015, from February 9, 2015 to January 22, 2016, a doctor of P mental health was provided with both dynamic disorder and existing light view, and it is recognized that the treatment was suspended due to Defendant’s refusal to pay the internal fee.

However, in light of the background leading up to each of the instant crimes, the means and methods of committing the instant crimes, the circumstances after committing the crimes, etc., there are somewhat abnormal points in the Defendant’s behavior.

Even if the defendant does not seem to have reached a weak state of the defendant's ability to discern things or make decisions at the time of each of the crimes in this case, the above assertion by the defendant is without merit.

B. The judgment of the court below is reasonable and too heavy when comprehensively considering the following conditions: (a) the Defendant recognized each of the instant offenses; (b) the police officer of the crime obstructing the performance of official duties did not want the punishment of the Defendant; and (c) the Defendant was punished for the same and similar violent crimes; and (d) the instant assault and bodily injury crime has been committed four times; (c) the Defendant committed the instant assault and bodily harm due to the escape or hidden victims; and (d) the Defendant did not reach an agreement with the said victims; and (e) other unfavorable circumstances, such as the Defendant’s age, sexual behavior, environment, etc.; and (e) other various conditions of sentencing as indicated in the instant records and changes theory, such as the Defendant’s age, sexual behavior, and environment.

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