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(영문) 인천지방법원 2014.11.14 2014노2424
공무집행방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

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

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. The following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined at the court below as to the claim of mental disability: ① the defendant was treated with a mental therapy at the N Hospital located in Gyeyang-gu Incheon, under the name of “non-quality fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluord" before the crime of this case; ② the defendant who was under stressed fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor fluor fluor fluor fluor fluor fluor,” before the crime of this case was committed; ② the defendant who was under stressed fluor fluoral fluor, etc.

3. If so, the defendant's assertion of mental and physical disability is with merit. Thus, without examining the argument of unfair sentencing, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The criminal facts recognized by this court and the summary of the evidence are the first head of the judgment below's criminal facts. The defendant is the violation of the Toxic Chemicals Control Act at the Government District Court on September 21, 2012.

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