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(영문) 창원지방법원 2016.12.15 2016노2712
공무집행방해
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 (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the content of the instant crime and the circumstances after the commission of the crime, etc., it is not deemed that the Defendant at the time of committing the crime did not have the weak ability to discern things or make decisions. Therefore, the Defendant’s assertion is without merit.

B. We examine the judgment on the assertion of unfair sentencing, and even though the defendant is in contravention of the law and order of the state, there is a need to strictly punish the crime of obstruction of performance of official duties in order to establish the law and order of the state and eradicate the light of the public authority. The defendant committed the crime of this case in the period of suspension of execution due to the crime of injury, and taking into account the defendant's age, character and behavior, environment, family relationship, health status, circumstances of the crime, circumstances of the crime, and all other matters concerning the sentencing specified in the records and arguments of this case, and thus, the defendant's assertion 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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