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(영문) 의정부지방법원 2015.08.25 2015노1044
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant was unable or weak to discern things or make decisions due to mental disorders.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below, the defendant was treated as a disease such as depression, unstable disorder, and shock disorder. However, in light of the background leading to the instant crime, the method and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to mental disorder at the time of the instant crime.

Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.

B. Determination on the assertion of unfair sentencing is acknowledged as follows: (a) the Defendant led to the instant crime and made a reply against the Defendant; (b) there is a disability of grade 5 with delay disability; and (c) economic situation is not good. (b) However, in order to establish the State’s legal order and eradicate the light of public authority, there is a need to strictly punish the crime of obstruction of performance of official duties; (c) the Defendant was suffering from plastic drinking water bottle on the ground that he does not constitute his own requirements; and (d) he spread call to a viewing public official in charge of DNA duties on the ground that he did not constitute a crime; and (e) the nature of the crime is not good; and (e) taking full account of the various circumstances favorable to the Defendant, including the Defendant’s age, circumstances leading to the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, even if considering the favorable circumstances

3. Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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