위계공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. The Defendant, at the time of each of the instant crimes, was in a state of mental and physical disability due to the outbreak of alcohol dementia symptoms after being drunk at the time of the instant crimes.
B. The lower court’s imprisonment (three years of imprisonment) on the ground of unreasonable sentencing is too unreasonable.
2. Determination
A. In full view of the evidence duly admitted and investigated by the court below and the results of the trial on sentencing before the judgment, etc., comprehensively taking account of the facts of drinking at the time of each of the crimes of this case, the defendant's assertion is without merit, since it is difficult to view that the defendant, at the time of the crime, had a weak ability or intention to discern things due to drinking, in light of the fact that the defendant, although he was found to drink at the time of each of the crimes of this case, he did not refrain from drinking without any self-reguing that the defendant had undergone several examinations and treatment due to excessive drinking, and the defendant's act before and after the crime.
B. Considering the fact that the Defendant had a large number of records of punishment for the same kind of crime to determine the allegation of unfair sentencing, the risk of re-offending is very very rough and dangerous, the circumstances after the crime are committed, such as not taking a bath during the investigation process, and the victims’ failure to receive a letter of suspicion, etc., the Defendant should be sentenced to a strict punishment.
However, in full view of the following circumstances that are recognized as a whole as the result of the trial on the sentencing of the political party, i.e., the Defendant appears to have been addicted to alcohol by failing to overcome the sense of heat caused by the paralysis, and the Defendant seems to have been addicted to alcohol, and the Defendant’s wife did not repeat the offense, and the Defendant’s wife appeals against the Defendant’s age, character and conduct, and environment, and other various circumstances that are the conditions of the sentencing specified in the instant case, such as the Defendant’s age, character and environment, the sentencing of the court below seems to be somewhat inappropriate.
3. Thus, the defendant's argument of mental disability is justified.