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(영문) 창원지방법원 2018.08.23 2018노701
특수공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s crime of this case with mental or physical disorder was committed under the state of mental or physical loss or mental weakness by drinking while he was under heavy depression.

B. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable.

2. Determination

A. Comprehensively taking into account the records of this case’s judgment as to the assertion of mental and physical disorder and the results of factual inquiry into the G hospital of the appellate court and the results of the commission of the transmission of medical records, and the mental appraisal results of the Public Medical Care and Custody Center, the Defendant was in the state of drinking at the time of the instant crime. On June 15, 2017, the day of the instant crime, the Defendant was hospitalized in an emergency at G Hospital located in Kimhae-si and received hospitalized treatment by September 18, 2017 after receiving the diagnosis of the City/Do’s personal history and alcohol dependence on the day of committing the instant crime, and the Defendant was hospitalized until May 2, 2017, even before the instant crime was committed. The Defendant was hospitalized first at G Hospital as a suicide City/Do on April 30, 2017 and was hospitalized until May 2, 2017, the Defendant “two police officers kn-kicked on June 19, 2017.”

Facts stated " shall be recognized."

However, on the sole basis of the fact that the defendant was not memorying a crime, that the defendant was physically and mentally deprived at the time of the crime.

It cannot be readily determined (see Supreme Court Decision 85Do361 delivered on May 28, 1985), and if the defendant is accurately aware of the social and legal meaning of his behavior by replacing it, the time, place, and people are maintained, and symptoms such as cryptive disorder, such as cryptive and cryptiveness, and cryptive disorder, are not revealed, and the decision-making ability was presumed to have been somewhat deteriorated due to the failure of shock in the state of spirits and spirits at the time of the crime of this case, but considering the mental appraisal result of the defendant's presumption that he was presumed to have not a mental disorder, the defendant of this case.

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