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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2019.06.13 2019노336
특수공무집행방해치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Nos. 1 through 4 of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disability due to mental illness, such as stimulative disorder.

B. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, confiscation) is too unreasonable.

2. In full view of the following circumstances and the circumstances leading to the instant crime, specific methods of crime, and circumstances after the crime, which can be known in accordance with the judgment of the court below and the evidence duly adopted and examined by the court below as to the claim of mental disability, the Defendant is deemed to have committed the instant crime under the state that the Defendant has an ability to discern things or make decisions due to mental illness, such as stimulative disorder, etc.

Therefore, this part of the defendant's argument is justified.

1) On April 4, 2006, while attending high school, the Defendant was hospitalized in Q Hospital and was discharged on May 4, 2006 due to symptoms, such as a fatal accident, suicide attempted, non-faceted, violent behavior, etc. After which the Defendant was discharged on May 4, 2006. After continuing hospital treatment, the Defendant had been admitted to the Nursing University in Chuncheon in 2008, but there were symptoms such as repeated depression, surface disorder, inappropriate behavior, etc., leading to the Defendant being hospitalized in Q Hospital again on July 4, 2008, and discharged the Defendant on July 29, 2008. On the same day, it was difficult for the Defendant to voluntarily stop the treatment under the diagnosis of both extreme disorder, existing symptoms with mental disorder, etc. on April 15, 2015, on the ground that he voluntarily suspended the treatment due to symptoms, etc., but on the same day, continued to have been administered by the Counseling Center for the reason that he voluntarily ceased the treatment.

It is being supervised by the staff of the NIS, etc., and it is a blicking or blicker to the money living together with the click, etc. at the risk of damage, things, etc.

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