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(영문) 부산고등법원 2014.01.16 2013노592
특수공무집행방해치상등
Text

The judgment below

Part of the medical treatment and custody application case shall be reversed.

The claim for medical treatment and custody of this case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the accused case (two years of imprisonment, three years of suspended execution) sentenced by the court below is too unreasonable.

B. Although the Defendant and the applicant for medical treatment and custody (hereinafter referred to as “Defendant”) suffered from a dynamicly fluoric disease with respect to the medical treatment and custody application case, the Defendant’s place of medical treatment is strong and the mother of the Defendant is also able to undergo continuous medical treatment. Therefore, there is a risk of re-offending.

No person may be required to receive medical treatment at a medical treatment and custody facility.

2. Determination

A. Examining the various sentencing conditions in the instant case regarding the argument about the Defendant case, there is also a favorable circumstance for the Defendant, such as: (a) the Defendant recognized his mistake and against himself; (b) the Defendant committed each of the instant crimes in a state of mental disorder resulting from mental retardation; (c) the degree of special obstruction of performance of official duties and the injury suffered by the victims; and (d) the Defendant has no record of criminal punishment other than the fine twice.

However, the crime of this case was committed by the defendant without any particular reason against many police officers who called out after receiving a report on his or her failure against the elderly, and thus, the nature of the crime is not less and less severe, and the victims did not recover from damage. In full view of various sentencing conditions, including the defendant's age, health, family relationship, and circumstances before and after the crime, the court below's punishment against the defendant is too unreasonable. Thus, this part of the defendant's assertion is without merit.

B. The following circumstances are acknowledged based on the evidence duly adopted and examined by the lower court regarding the assertion on the medical treatment and custody claim.

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