공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. The Defendant was under the influence of alcohol and committed the instant crime in a state of mental disability.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is excessively unreasonable.
2. Determination
A. According to the record of the judgment on the claim of mental disability, even though the defendant was found to have been drinking alcohol at the time of committing the crime, in light of the defendant's reputation, the background and process of committing the crime, the means and method, the defendant's behavior before and after committing the crime, etc., it does not seem that the defendant had the weak ability to discern things or make decisions under the influence of alcohol at the time of committing the crime, but even if so, Article 10 (2) of the Criminal Act applies to the defendant's act because the defendant's act constitutes a person who predicted danger and caused a mental disorder by drinking alcohol. Thus, the above argument by the defendant is groundless
B. It is recognized that the Defendant had four criminal records due to the same crime (one time of actual punishment, one time of suspension of execution, and two times of fines) or more of the criminal records due to the same crime, and that there is concern that the Defendant might have committed the instant crime again, and that there is a number of criminal records due to violent crimes, as well as that there is a number of criminal records due to the same crime.
However, in light of all the circumstances such as the motive, means and method of the instant crime, the circumstances after the instant crime, etc., when considering the fact that the Defendant led to the confession of the crime, the degree of violence or the degree of damage by police officers is relatively not much serious, and the fact that the Defendant appears to have committed the instant crime by contingency under the influence of alcohol, the lower court’s punishment is somewhat unreasonable.
3. Accordingly, the judgment of the court below is reversed under Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of unfair sentencing is based on its reasoning.
Criminal facts
this Court recognizes the substance of the evidence and the summary thereof.