(영문) 인천지방법원 2013.12.06 2013노2311 | 리걸엔진

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(영문) 인천지방법원 2013.12.06 2013노2311

공무집행방해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 12 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the defendant committed each of the crimes in this case under the condition of mental disorder or mental disorder due to mental disorder, and the punishment (six months of imprisonment) sentenced by the court below against the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted by the court below as to the assertion of mental disorder, the defendant is deemed to have undergone a diagnosis of mental and behavioral disorder caused by depression and alcohol use, but in light of the background leading to the crime of this case, the means and method of the crime, the defendant's behavior before and after the crime, etc., it cannot be deemed that the defendant's mental and physical disorder at the time of the crime of this case did not change things or did not have the ability to make a decision, and therefore, the defendant's mental and physical disorder

B. As to the assertion on unfair sentencing, considering all the circumstances, including the fact that the defendant had already been punished several times for the same kind of crime, and the crime of violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) on October 24, 2012, which were sentenced to a suspended sentence of three years on the one-year and six months, and again committed the instant crime, and the circumstances that were disadvantageous to the defendant, such as the fact that the defendant committed the instant crime, the confession of the crime, and the defendant's living under detention for six months, the defendant's health is not good, and the defendant's family and correspondence want to take advantage of the favorable circumstances, such as the defendant's age, character and behavior, environment, and the motive and means of the instant crime, as well as the consequences thereof, etc., the defendant's argument on unfair sentencing is reasonable because the sentence imposed by the court below against the defendant is too unreasonable.

3. Accordingly, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

참조조문

-폭력행위 등 처벌에 관한 법률

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