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(영문) 부산지방법원 2019.10.31 2019노2032
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the court below on unreasonable sentencing (ten months of imprisonment) is too unreasonable.

B. At the time of committing the instant crime, the Defendant was in a state of mental disability, mental or physical disability.

2. Determination

A. In light of the fact that the Defendant committed each of the instant crimes over several occasions during a short period of time, and that the nature of the instant crime is not good, such as assaulting the face of police officers wearing the uniform, or assaulting an emergency room’s intent, and the attitude of the instant crime, etc., there is a need to strictly punish the Defendant.

However, in light of the following: (a) the Defendant had been treated with a mental disorder due to normal depression; (b) was diagnosed with brain mathy; (c) appears to have caused the instant crime while doing an excessive speech and behavior different from the nature of the Defendant; (d) there is no past history of criminal punishment for the Defendant; and (e) taking into account various sentencing conditions, such as the Defendant’s age, character and conduct, motive and circumstance of the crime, and circumstances after the crime, the lower court’s punishment is somewhat unreasonable.

B. According to the evidence duly admitted and examined by the lower court and the first instance court as to the assertion of mental disorder, the Defendant has consistently received mental treatment and treatment from around 2015 due to the following: (a) the Defendant was diagnosed as “a fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral flus

However, in full view of the Defendant’s behavior, the content, means and method of the crime, and the circumstances after the crime at the time of each of the instant crimes, even considering the aforementioned facts, the Defendant lacks the ability to discern things or make decisions at the time of each of the instant crimes.

(2) shall not be deemed to have been appointed.

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