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(영문) 서울남부지방법원 2017.04.20 2017노48
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is suffering from mental illness, such as repeated disorder, depression disorder, etc.

The Defendant committed the instant crime in a state of mental and physical disorder, which did not make an animal worship enjoying around the dwelling place, and filed an editorial civil petition, and did not make an emotional adjustment in the mind that his demand is neglected.

B. In light of the fact that the illegal defendant violates the depth of sentencing, that the damaged public official does not want the punishment against the defendant, that the defendant does not have a criminal record, that the defendant has difficulty in a normal social life due to mental illness, that is difficult to lead a normal social life due to mental illness, but that the donation activity has been very high, the punishment sentenced by the court below (five months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background and process of the instant crime, the Defendant’s behavior after the instant crime was committed, etc. acknowledged by the evidence duly adopted and examined by the lower court, the Defendant did not have the ability to discern things or make decisions due to depression or depression at the time of the instant crime.

Recognized.

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.

In addition, the defendant committed the crime of this case, even though he was punished several times or for various crimes in addition to punishment as a suspension of execution and a fine due to the obstruction of execution of official duties.

In addition, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, considering the following factors: (a) the Defendant’s age, sex, environment, motive, means, and consequence of the crime, including favorable or unfavorable circumstances, and all of the sentencing circumstances shown in the instant records and arguments.

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