공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant was under the influence of alcohol at the time of the instant facts charged, and agrochemicals were also in the state of mental disorder or mental disorder.
B. The sentence imposed by the court below on the defendant (the fine of 1.2 million won) is too unreasonable.
2. Determination
A. According to the records on the assertion of mental disorder, the defendant was suffering from pain due to depression and alcohol 3 level 2008 around 2008. While being drunk at the time of the facts charged in this case, it cannot be seen that the defendant had a lack of ability to discern things or make decisions, considering the circumstances leading to the crime in this case, such as the defendant's statement by the police as to the circumstance of the facts charged in this case clearly memory, the method and contents of the crime, the defendant's behavior and attitude before and after the crime, etc., and therefore, the defendant's mental and physical disorder assertion is without merit.
B. Although the crime of this case on the assertion of unfair sentencing is likely to be committed by assaulting a police officer without a clear reason and obstructing the performance of police officer's official duties, the crime of this case is deemed to be committed. However, there is evidence that the defendant led to confession and reflects against the crime of this case, and the defendant was under medical treatment since around 2008 due to mental disorder 3rd level of mental disorder. The crime of this case also seems to have an impact on the above circumstances. The defendant is likely to have an economic situation due to considerable financial difficulties, and the amount of a fine of 1,200,000 won in the original judgment can be excessive in terms of the disciplinary effect against the defendant, including the defendant's age, character, environment, motive and background leading up to the crime of this case, its means and result, and circumstances after the crime, etc.