공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability.
B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.
2. The judgment of the court below and the court below acknowledged the following facts based on the evidence duly adopted and investigated by the court below, namely, ① the defendant had been provided medical treatment by repeating entry into and discharge from K Hospital due to decentralization mental colonies and alcohol ozones from February 19, 201 to November 24, 201. From June 15, 2012 to September 27, 2012, the defendant was hospitalized in the L Hospital due to obsive personality disorders and alcohol cohesion caused by the two extra parts, ② the defendant had experienced difficulties in shocking the above mental disorder, ② the defendant had shown serious violent tendency and aggressive behavior, ③ the defendant did not voluntarily control drinking, ③ the defendant had been under the influence of alcohol at the time of the crime of this case, and the above argument of the defendant was reasonable in light of all the circumstances at the time of the crime of this case.
3. Accordingly, the defendant's mental and physical argument is with merit. Thus, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the following decision is rendered again
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court are as follows: The facts charged in the first place of the judgment below, except for adding "the defendant had the ability to discern things or make decisions due to the lack of ability to discern things due to the lack of personality and alcohol alcohol disorder" to the first place of the crime charged in the judgment below, and therefore, it is identical to the corresponding column of the judgment of the court below. Therefore, it is acceptable in accordance with
Application of Statutes
1. Criminal facts;