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(영문) 대구지방법원 2017.10.13 2017노3501
공무집행방해등
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 in a state of mental and physical loss or mental weakness due to cerebrovassis, etc.

B. The sentence of two-year imprisonment sentenced by the lower court is too unreasonable.

2. Determination

A. According to the records of the instant case’s determination on the assertion of mental and physical disorder, it is recognized that the Defendant was diagnosed as having been subject to pharmacologic up to the present time on August 2013, 201, and even considering such circumstances, in light of the developments leading up to the instant crime, the means and methods thereof, the Defendant’s attitude and behavior before and after the instant crime, and the circumstances after the instant crime, etc., the Defendant was in a state where the Defendant was unable to discern things or make decisions at the time

does not appear.

This part of the defendant's assertion is without merit.

B. It is recognized that the defendant recognized all the facts charged of this case and reflected his mistake, and the mental illness, such as cerebral cerebrs, suffering from the defendant, seems to have caused the crime of this case. On the other hand, the crime of this case is not appropriate in light of the method of crime and the degree of violence, etc., and the degree of injury suffered by the victim public officials on night duty, and the defendant's failure to agree with the victim public officials, the public officials belonging to the Seocho-gu Office of the month want to be punished by the defendant while suffering from the constant malicious civil petition, and the defendant was punished by the defendant's severe punishment, one time of fine punishment due to the crime of interference with the performance of the same duties, one time of suspended sentence due to violence, and the defendant was detained by the crime of this case, and the defendant was subject to three times or more due to obstruction of duties, violence, etc., and his age, behavior, family relation, family relation, etc., even during his life.

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