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(영문) 광주고등법원 2017.02.16 2017노50
특수재물손괴등
Text

All appeals by the defendant and the prosecutor are dismissed.

A person who applies for a medical care and custody shall be punished.

Reasons

1. Summary of grounds for appeal;

A. The damage of special property in this case alleged by the misunderstanding of the facts by the Defendant and the requester of the medical care and custody (excluding the part of the medical care and custody) is a justifiable act against the insult of the Defendant by the victim E, and the obstruction of the performance of special official duties constitutes a legitimate defense against the unlawful performance of official duties.

B. As to the lower court’s sentence against the Defendant claiming unfair sentencing (a prison term of eight months, confiscation) by both parties, the Defendant asserts that it is too unreasonable for the Defendant to be too unreasonable, and the prosecutor asserts that it is too unfeasible and unfair.

2. Determination

A. The Defendant alleged at the lower court that the Defendant’s determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine is identical to the grounds for appeal under this part of this part, and the lower court rejected the judgment on the grounds of the relevant legal principles and circumstances under the title “determination of the Defendant and the defense

In light of the evidence duly adopted and examined by the court below and the circumstances revealed by the court below in light of the relevant legal principles, the judgment of the court below is just and acceptable, and this part of the defendant's assertion is without merit.

B. The instant crime of determining unfair sentencing by both parties revealed that the Defendant carried a dangerous object and destroyed the property and obstructed the performance of official duties, other than that, the Defendant committed the crime of bodily injury. The frequency of the crime is not specified, and the content of the crime is not easy, and the risk was very significant.

Nevertheless, the victims have failed to take particular measures to recover from the victims, and the victims have been punished.

In addition, the defendant committed the crime of this case again even though he had been punished by a fine, etc. because he committed a similar crime several times.

However, the defendant suffered from early illness, and the defendant committed such crime in the state of mental and physical weakness thereby, and the victims have been suffering from scam.

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