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(영문) 서울남부지방법원 2019.09.19 2019노987
특수공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability due to depression at the time of committing the crime.

B. The sentence imposed by the lower court (two months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental disorder, the fact that the Defendant received treatment of mental illness, such as a considerable period of depression disorder, is acknowledged. However, in light of the background, means, methods, and the Defendant’s behavior before and after the crime, etc. revealed by the records of this case, it cannot be deemed that the Defendant did not have the weak ability to discern things or make decisions at the time of committing the crime in this case.

The defendant's mental disorder is without merit.

B. The circumstances favorable to the Defendant are as follows: (a) the Defendant’s recognition of the facts charged and reflects the wrong determination; and (b) the Defendant’s mental disease, which is a branch of the Defendant, appears to have an impact on the instant crime.

However, the crime of this case is likely to obstruct the performance of duties by police officers while carrying dangerous objects, and the nature of the crime is not very good, and the defendant has already been investigated or punished several times of violence, and the crime of this case is committed again without being aware of even though he had been under suspension of execution due to the obstruction of performance of official duties at the time of the crime of this case, and there is no inevitable circumstance that the defendant cannot be able to properly manage his own mental disease on the record (the fact that there is a problem of drinking control) is unfavorable to the defendant.

In addition, taking into account the following circumstances, such as the Defendant’s age, character and conduct, motive and background of the offense, and circumstances after the offense, etc., and the sentencing conditions as shown in the instant records and pleadings.

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