공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. The Defendant was under the influence of alcohol at the time of stopping each of the instant crimes, and was in a state of mental disability.
B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. According to the records of mental and physical disability, even though the defendant was found to have committed each of the crimes of this case while drinking, in light of the circumstances before and after the commission of each of the crimes of this case, the circumstances leading to each of the crimes of this case, the defendant's behavior at the time of committing each of the crimes of this case, etc., it cannot be deemed that the defendant did not have the weak ability to distinguish things or make decisions due to drinking, and therefore the defendant's assertion of mental and physical disability is without merit.
B. Although the defendant had already been punished several times due to the same crime, the crime of obstruction of performance of official duties and the crime of assault against the victim I among each of the crimes in this case committed by the defendant in this case is committed by using a so-called so-called so-called "instigious disease" and the nature of the crime is very bad. However, the defendant is found to have committed an error, but the defendant is not guilty, and the defendant has reached an agreement with the victim H and K only with the victim, 30,000 won for the victim I, 30,000 won for the purpose of each of the crimes in this case, and other various circumstances that form the conditions for sentencing as shown in the records, such as the motive and background leading up to each of the crimes in this case, the circumstance before and after the crimes in this case, the defendant's age, character and behavior, environment, occupation and family relation, the defendant's argument
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
Criminal facts and the summary of evidence recognized by the court.