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(영문) 창원지방법원 2016.09.08 2016노1280
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case committed by the defendant of mental disability is committed in a state of mental disability due to obsession.

B. The sentence of the judgment of the court below on unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the content of each of the instant crimes, the Defendant’s assertion is without merit, since it does not seem that at the time of the instant crime, the Defendant did not have the weak ability to discern things or make decisions.

B. We examine the judgment on the assertion of unfair sentencing, the defendant's reflects the defendant, and the defendant's health status is not good, but again commits each of the crimes of this case during the repeated crime period for the same kind of crime even though several criminal convictions have been committed, and the damage recovery or agreement has not been reached, and in full view of the defendant's age, character and conduct, environment, background of the crime, and all other matters concerning the sentencing specified in the records and arguments of this case, the defendant's argument is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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