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(영문) 서울남부지방법원 2017.08.17 2017노766
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case with mental disorder is committed under the state of mental or physical loss or mental weakness by taking advantage of the mental or physical disorder, and thus, the responsibility should be dismissed or the punishment should be mitigated.

B. The punishment sentenced by the court below (one year of imprisonment) is too unreasonable in light of the following: (a) the illegal defendant in sentencing is against depth and becomes a new person; (b) the attitude of obstructing the performance of official duties is not serious; and (c) the defendant is responsible for supporting his mother; and (b) the punishment sentenced by the court below is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, it is not determined that the Defendant had the ability or decision-making ability to discern things due to the circumstance leading to the instant crime, in light of the background leading up to the instant crime, the means and method of the crime, and the circumstances after the crime, etc.

The defendant's mental disorder is without merit.

B. There are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below on the unfair argument of sentencing.

The defendant has already been punished for a series of times due to the obstruction of the performance of official duties, and also committed the crime of this case without being aware of the period of repeated crime due to the obstruction of the performance of official duties.

On the other hand, the defendant recognized the crime of this case for the first time and is in profoundly against it.

In addition, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable to have exceeded the reasonable scope of discretion, even in light of the circumstances asserted by the Defendant on the grounds of appeal, as well as the Defendant’s age, sex, environment, motive, means, and consequence, etc. of the instant case, including favorable or unfavorable circumstances to the Defendant.

The defendant's argument that sentencing is unfair.

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