특수공무집행방해치상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant did not have suffered any injury as referred to in the Criminal Act in the crime of injury under the victim E, while interfering with the performance of special duties and obstructing the performance of special duties.
B) The Defendant carried dangerous objects in relation to the crime of causing injury or interference with the execution of the special duties in this case and obstructing the execution of the special duties.
subsection (b) of this section.
2) The Defendant, who had not claimed mental or physical weakness, was under the influence of alcohol at the time of committing the crime resulting in interference with the performance of special duties in the instant case.
B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, the Defendant asserted the same purport in the lower court, and the lower court rejected the Defendant’s assertion on this ground as stated in its reasoning.
In light of the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion of the judgment
We cannot accept this part of the defendant's argument.
B. According to the Defendant’s circumstantial statement report on mental and physical weakness, it is found that the Defendant was in a state of drinking alcohol at the time of committing a crime interfering with the performance of special duties of the instant case, but in light of the background of the crime and the Defendant’s behavior before and after the crime, etc., which can be acknowledged by evidence duly adopted and investigated by the lower court, the Defendant was in a state of lacking ability to discern things or make decisions under the influence
It does not seem that it does not appear.
We cannot accept this part of the defendant's assertion.
(c)
On the road with a high traffic volume, the defendant has driven a motor vehicle with no driver's license while under the influence of alcohol on the road with a high traffic volume. The defendant has received a report on the motor vehicle of the parked defendant.