공무집행방해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disorder at the time of committing the crime in the judgment of the second instance.
B. The punishment of the lower judgment on unreasonable sentencing (the first instance judgment: imprisonment with prison labor for 6 months and 2 months: imprisonment with prison labor for 6 months) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio, the judgment of the court of first instance and the judgment of the court of second instance against the defendant were sentenced respectively, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, and thus, the judgment of the court of first instance
However, the defendant's argument about mental disorder is still subject to the judgment of this court, and this will be examined first.
B. According to the evidence duly admitted and examined by the lower court regarding the allegation of mental disorder (as to the second instance judgment), there are circumstances, such as the Defendant’s chilling against the situation without any justifiable reason, as alleged by the Defendant.
However, according to the above evidence and the fact-finding results in the trial, the defendant's behavior is not in the situation at the time of the criminal act in the second instance judgment. ② The fact-finding contents contain the fact that the defendant was aware of the fact that he was "at that time", ③ there seems to be no circumstance to suspect mental and physical disability in the police statement about the defendant among the evidence produced in the second instance judgment, ④ there is no argument about mental and physical disability in the second instance judgment, ④ there is no argument about mental and physical disability, and considering all the circumstances such as the process of the crime in this case, form of the act, and the defendant's behavior before and after the crime.