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(영문) 창원지방법원 2014.11.12 2014노2143
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder, at the time of committing the instant crime, has a state of mental disability due to side effects resulting from hepatitis C infection treatment, and thus, the Defendant’s punishment should be mitigated or exempted.

B. 1) The lower court’s imprisonment (six months of imprisonment) is excessively unreasonable and unfair. 2) The lower court’s sentence is too unjustifiable and unfair.

2. Determination

A. According to the record as to the assertion of mental disorder, the defendant could be found to have been treated as chronic virus C infection before and after the crime of this case. However, in light of various circumstances, such as the background of the crime of this case, actions before and after the crime of this case, and the means and methods of the crime, etc. acknowledged by the evidence duly adopted and investigated by the court below, the defendant did not have the ability to discern things at the time of crime of this case

It is difficult to see that it has reached a weak or weak state.

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

B. As to the assertion on unreasonable sentencing, the instant crime was committed against a police officer dispatched by the Defendant upon receipt of a report on assaulting another person on the street, taking the face of the police officer by drinking, bating bats by hand, and walking the breast part by using bats, thereby obstructing the performance of official duties of the said police officer, and at the same time interfering with the performance of official duties of the said police officer, and causing injury requiring two weeks’ medical treatment.

In this case, the favorable circumstances are recognized, such as the fact that the defendant recognized all the crimes of this case, and that the defendant deposited 2 million won for the police officer who is the victim at the court below.

Meanwhile, in the past, the Defendant had been punished 11 times for the same crime, including the crime of obstruction of performance of official duties, and in particular, on May 25, 2009, was sentenced to imprisonment with prison labor for the same crime in the Jinwon District Court's Jinju branch on May 25, 2009, and again committed the instant crime within the repeated period after the execution of the said sentence was completed.

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