logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2013.04.02 2013노11
공용물건손상등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (eight months of imprisonment) is too unreasonable.

B. There is an error of law by misunderstanding facts or misunderstanding legal principles in the judgment of the court below which rendered a sentence of medical treatment and custody.

2. Determination

A. There are extenuating circumstances, such as the defendant in the defendant case and the candidate for medical treatment and custody (hereinafter referred to as the "defendants"), and showing an attitude against the defendant, and the crime in this case appears to have committed the crime in a state of weak mental and physical disorder due to the mental disorder, which is the disorder of stimulative disorder, and the defendant has an obstacle to the class 6 of the unbruptive body.

However, each of the crimes of this case committed committed violence against police officers who are performing official duties, damage toilets installed in the detention room of the police station, etc. The defendant was sentenced to five months of imprisonment for violation of the Punishment of Violence, etc. Act (collectively weapons, etc.) in the Daejeon District Court Support on August 19, 2011, and was committed during the period of repeated offense after the execution of the sentence was completed in the relevant prison on January 17, 2012, and the defendant was sentenced to three million won of fine for obstruction of performance of official duties, etc. in the Jeonju District Court Support on March 26, 2009, and the defendant was sentenced to three million won of fine for obstruction of performance of official duties, etc. on suspicion of damage to public goods, etc. on August 2012, the defendant did not take any measures to recover damage from the trial, and the defendant did not take any measures to ensure the defendant's age, character and behavior, environment and circumstances, and the records of this case.

The defendant's assertion of unfair sentencing is without merit.

B. The lower court’s judgment.

arrow