공무집행방해등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. (1) Defendant (1) has committed the instant crime in a state of mental disorder under the influence of alcohol, and thus, the punishment should not be mitigated or mitigated.
(2) The punishment sentenced by the lower court (an amount of four million won) is too unreasonable.
B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the lower court as to the Defendant’s mental and physical assertion, it cannot be deemed that the Defendant was aware that he had a certain degree of alcohol at the time of committing the instant crime, but thereby did not change things or did not have the ability to make a decision, or did not reach a weak level.
Therefore, the defendant's mental disorder cannot be accepted.
B. The content of the instant crime committed by assault, intimidation, and insult against police officers controlling gymnasium judgment on the illegal assertion of sentencing by the Defendant and the Prosecutor is not good in light of the nature of the crime.
However, the defendant recognized his wrong and reflects his wrong, and seems to have led to a somewhat contingent crime under the influence of alcohol.
In addition, considering all the facts that there is no change in the conditions of sentencing compared to the original judgment, together with all all other circumstances that form the conditions of sentencing as shown in the records and arguments, such as the defendant's age, sex, environment, etc., it is not recognized that the sentencing of the lower court is too heavy or it exceeded the reasonable scope of discretion because it is frightened.
Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.