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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2020.10.27 2020노1052
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal, mental and physical disorder and unreasonable sentencing (one year imprisonment);

2. Determination

A. According to the result of a fact-finding inquiry on the claim of mental disorder, it is acknowledged that the defendant received clothes and mental treatment due to alcohol behavior disorder from April 2, 2008 to April 1, 2009. In light of the motive and circumstances of the crime stated by the defendant from the investigation agency to the trial court, it is doubtful that the defendant has symptoms of mental disorder.

However, the defendant clearly aware that his act constitutes the crime of obstruction of performance of official duties, and made a statement in detail by memory of the method and contents of the crime.

In addition, since the defendant received medical treatment until April 1, 2009 and there was no record of medical treatment thereafter, in light of the above circumstances, it cannot be seen that the defendant had no or weak ability to discern things or make decisions due to mental illness at the time of the crime of this case. Thus, this part of the defendant's assertion cannot be accepted.

B. Although it appears that the defendant's judgment on the assertion of unfair sentencing is against the defendant, and the mental state which does not reach the mental and physical disorder affected the crime of this case, the defendant's identical or violent criminal records have reached several times, the degree of damage is not minor, the victim police officers have not been agreed with, and other various conditions of sentencing specified in the argument of this case, including the motive and circumstance of the crime, character and conduct of the defendant, and the environment, the sentencing of the court below does not seem to have exceeded the reasonable scope of discretion, and since there is no change in sentencing conditions that can deem that maintaining the sentencing of the court below is unfair, it cannot be deemed that the sentence of the court below is unfair because it is too unreasonable.

3. Thus, the defendant's appeal is without merit.

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