공무집행방해
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 5,000,000.
The above fine is imposed against the Defendants.
1. Summary of grounds for appeal;
A. The Defendants, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol.
B. The sentence sentenced by the lower court to the Defendants (a fine of KRW 9 million) is too unreasonable.
2. Determination
A. According to the records of the instant case’s assertion of mental disorder, even though the Defendants were in a drunken state at the time of the instant crime, considering such circumstances, the Defendants’ ability to discern things or make decisions at the time of the instant crime is not deemed to have been lost or weak, in light of the background of the instant crime, means and methods thereof, the Defendants’ attitude and behavior before and after the instant crime, and the circumstances after the instant crime.
The Defendants’ assertion on this part is without merit.
B. In light of the background of the instant crime, the form of assault exercised by the Defendants, and the circumstances after the commission of the crime, etc., the Defendants’ nature of the crime is not weak.
However, there are favorable circumstances for the Defendants, such as the fact that the Defendants both recognize and oppose the crimes, Defendant A is the first offender, Defendant B is no other penalty force except for the crimes of bodily injury in 2002, and Defendant B seems to be good in the economic situation of the Defendants, etc. In full view of all other sentencing conditions, including the Defendants’ age, sex, environment, motive, means and consequence of the crimes, and the following circumstances, the sentence of the lower court is too unreasonable.
3. As such, the Defendants’ appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is rendered again after pleading as follows. Although the application of the law of the court below was omitted in the “application of the law of the court below” column, this is deemed to be a simple clerical error, and thus, it is not reversed for this reason.
Criminal facts
(b).