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(영문) 수원지방법원 2018.09.20 2018노4692
특수공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was suffering from mental illness, such as physical and mental disorder, not only under the influence of alcohol at the time of committing the instant crime, but also suffering from physical and mental disorder.

B. The punishment sentenced by the court below against the defendant (the punishment of eight months of imprisonment and the death of No. 1) is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental disorder, the defendant appears to have been in a drinking condition at the time of the crime of this case, and immediately after the crime of this case, there was a fact that the defendant was diagnosed with alcohol dependence (proof) and was hospitalized for about two weeks due to the dynamic disorder (proof) with dynamic disorder (proof), but on the other hand, the defendant appears to have no record of being diagnosed or treated as mental illness in the past, and rather, the defendant was in a social life while attending the company for a considerable period prior to the crime of this case. In addition, considering the circumstances leading to the crime of this case recognized by the records of this case, the means and method of the crime of this case, and the circumstances before and after the crime of this case, the defendant had no or weak ability to discern things or make decisions due to mental illness, such as breathesis, dive disorder, etc., at the time of the crime of this case.

shall not be deemed to exist.

Therefore, the defendant's and defense counsel's mental disorder is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As new materials for sentencing have not been submitted in the trial at the trial, there is no change in the conditions of sentencing compared to the lower court’s judgment, and the circumstances for which the Defendant alleged for the unfair reason of sentencing are already reflected in the grounds for sentencing of the lower court, and the instant crime is the suspicion of interference with the duties of

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