특수공무집행방해치상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Seized pipes (No. 1) shall be confiscated.
1. Summary of grounds for appeal;
A. In fact, the Defendant: (a) discovered the victim C (hereinafter “victim”)’s residence with a pipe; (b) but did not duplicating gates or threaten the victim; and (c) did not display a pipe to the police officers dispatched upon 112 report.
B. At the time of the instant crime, the Defendant was in a state of mental disability due to mental illness such as editing and maternity illness.
C. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, confiscation) is too unreasonable.
2. Determination
A. According to the judgment of the court below as to the assertion of mistake of facts, according to the police statement of C, F, and E duly adopted and investigated by the court below, the written diagnosis of E, and the CCTV that contained the pages at the time of committing the crime, the defendant attempted to open the victim's dwelling gate in hand with the hack pipe and hand, and attempted to intrude into the victim's dwelling gate, the defendant threatened the victim with the sound "if the door is not opened, it shall not be discarded, discarded, broken off, or broken off" in the state of the hack pipe, and the police officers dispatched after receiving 112 reports thereafter interfere with the performance of duties of F, E, and E, and the fact that E suffered an injury on the left side can be fully recognized.
The lower court’s judgment that found all of the facts charged of this case guilty is justifiable.
The defendant's assertion of mistake is without merit.
B. In full view of the following circumstances, the Defendant committed the instant crime under the circumstance, the circumstances leading to the instant crime, and the circumstances after the commission of the crime, which can be revealed by the evidence duly adopted and investigated by the lower court and the lower court in the trial on the claim of mental disability, the Defendant is deemed to have committed the instant crime under the circumstance that the Defendant is deemed to have committed the instant crime under the lack of the ability
Therefore, this part of the defendant's argument is justified.