공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant, while under the influence of alcohol at the time of the instant crime, was in a state of mental disorder or mental disorder, was in a state of mental disorder, the lower court erred.
B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.
2. According to the ex officio records, the defendant was sentenced to eight months of imprisonment for the crime of kidnapping and injuring a minor at the Busan District Court on August 21, 2014, and the judgment became final and conclusive on November 15, 2014. The crime of the defendant and the crime of kidnapping and injuring a minor, which became final and conclusive on November 15, 2014, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime against the defendant in consideration of equity in the case where the decision is made simultaneously under the former part of Article 39(1) of the Criminal Act. Therefore, the reversal of the judgment below is impossible
However, even if there is a reason to reverse ex officio, the defendant's mental and physical disorder is still subject to the judgment of this court, and this is examined in paragraph (3) below.
3. According to the records on the Defendant’s assertion of mental disorder, even though the Defendant was in a state of drinking alcohol to a certain extent at the time of committing the instant crime, in light of the following circumstances, such as the background of the instant crime, the means and method of committing the instant crime, and the Defendant’s act before and after the instant crime, it does not appear that the Defendant had the ability or weak ability to discern things due to drinking at the time of committing the instant crime
Therefore, the defendant's mental disorder cannot be accepted.
4. If so, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows.