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(영문) 춘천지방법원 강릉지원 2018.09.20 2018노285
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles, the Defendant suffered from misunderstandings or misunderstanding of the past history, and caused drinking while taking medicine, and thus, the Defendant did not have the ability to distinguish things or make decisions at the time of the instant crime.

Therefore, the crime of this case was committed by the defendant with mental disorder, but the judgment below which did not consider this circumstance is erroneous in the misunderstanding of facts or misunderstanding of legal principles.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of misunderstanding of the facts and the legal principles, the defendant had the ability to discern things or decision-making ability at the time of the crime of this case, considering the method and method of the crime of this case, the defendant's behavior before and after the crime of this case, the defendant's statement contents and attitude at the investigation agency and court, and the degree of memory of the crime of this case, etc., the defendant was in a state that he did not have or lacks the ability to discern things at the time of the crime of this case.

does not appear.

Therefore, we cannot accept the defendant's above assertion.

B. The Defendant recognized the instant crime and reflects his fault in depth with respect to the determination of the wrongful assertion of sentencing.

In addition, it seems that one defendant's family environment and health conditions are not good.

However, in light of the degree of assault used by the defendant to police officers and the attitude of the act, the nature of the crime is not weak, and the defendant again committed the crime of this case without being aware of during the probation period for the same crime.

In addition, records and arguments, such as the age, sex, environment, and circumstances before and after the crime, shall be made.

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