공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. According to the records on the assertion of mental disorder, although the defendant was deemed to have a drinking condition at the time of each of the crimes in this case, in light of the following circumstances: the defendant is aware that he/she had a drinking condition at the time of the crime in this case, and the background, process, means and method of the crime in this case, and the defendant's speech and behavior before and after the crime in this case, it is deemed that the defendant had a weak ability to discern things or make decisions due to drinking. Thus,
B. In light of the favorable circumstances such as: (a) the Defendant’s attempt to commit an act of violence, such as having the same kind of violence and 30 times; (b) the fact that each of the instant crimes was committed during the period of repeated offense due to the same criminal records; (c) the Defendant agreed with the victims; (d) the degree of assault is not much heavy; and (e) the Defendant appears to be against the Defendant’s mistake, and all of the sentencing conditions indicated in the instant case, such as the favorable circumstances; and (e) the Defendant’s age, character, character, environment; (e) the background and consequence of the instant crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.