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(영문) 서울고등법원 2014.07.18 2014노1013
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution on insult of the facts charged in the Defendant case, and pronounced guilty of obstruction of performance of official duties and obscenity, and rendered a judgment dismissing the prosecutor’s request regarding medical treatment and custody cases.

However, since only the defendant filed an appeal on the conviction part of the judgment below, the dismissed part of the defendant's case and the medical treatment and custody case were separated and determined in excess of the period of appeal, and were excluded from the scope of the judgment of this court.

Therefore, the scope of this court's judgment is limited to the conviction of the defendant case.

2. The sentence of the lower court (the fine of 2.5 million won) against the Defendant in the summary of the grounds for appeal is too unreasonable.

3. The Defendant appears to have committed all crimes of this case, and the Defendant had no record of criminal punishment prior to the crime of this case, the Defendant committed each of the crimes of this case in a state of mental disorder, and the degree of assault and intimidation is relatively minor in the case of obstruction of performance of official duties, etc. shall be considered as favorable to the Defendant.

However, each of the crimes of this case is an act that spits, spits, etc. the Defendant take a bath against police officers, interferes with the performance of duties by acts, such as spits, etc., and publicly obscene act by exposing the Defendant’s sexual organ out of clothes in a park, etc. on the ground that the nature of the crime is not somewhat weak. The Defendant’s family and defense counsel did not have the economic ability to pay the above fine, and the Defendant’s family and defense counsel did not have a health condition to cope with the old basin if the defendant is detained in a workhouse, but instead, an indirect matter concerning the execution of punishment rather than a sentencing considered to determine the type and scope of punishment according to the responsibility.

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