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(영문) 부산지방법원 2019.05.30 2019노1012
특수공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (non-incompetent with mental disability, unreasonable sentencing) mental division, alcohol addiction, was in a state of mental disability.

The amount of punishment (three years of imprisonment) determined is unreasonable.

(b) Determination of an amount of punishment imposed on an applicant for inspection (unfair punishment) is unreasonable.

2. Determination

A. On January 16, 2019, the Defendant specifically stated the grounds for assaulting the victim P on the ground that the Defendant committed the crime on February 1, 2019, the reason for committing the crime, the reason for committing the E-real estate and I Hague shop, the reason for committing the crime, and the reason for assaulting the police officer in the JJ belt after he was arrested as a flagrant offender.

It is not recognized that the defendant was a state of mental disability at the time of crime.

B. The sentence imposed by the lower court on the assertion of unfair sentencing is within the scope of recommending punishment according to the attached sentencing guidelines (from June to July).

The lower court rendered a sentence by comprehensively taking account of Defendant’s criminal records, motive of crime, and damage recovery.

There is no particular change in sentencing elements in the appellate court.

Even if this court re-examines the sentencing factors and other factors set forth in the sentencing guidelines, it does not seem that the amount of the original sentence is heavy or unreasonable.

3. The appeal by the Defendant and the Prosecutor is without merit.

All of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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