특수공무집행방해등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for eight months;
3.No. 1, 2 of the seized evidence.
1. Summary of grounds for appeal;
A. The Defendant, by misapprehending the legal doctrine, was in a state of mental or physical disability at the time of committing the instant crime.
Nevertheless, the court below's decision that did not recognize it is erroneous in the misapprehension of legal principles.
B. The sentence of imprisonment (one year of imprisonment, confiscation) imposed by the court below on the defendant is too unreasonable.
2. The following circumstances, which can be acknowledged by the evidence duly admitted and investigated by the trial court, such as a statement of response to the fact-finding conducted by the Daegu P Assembly member, and Q Hospital, based on the fact-finding conducted by the medical corporation, i.e., the Defendant received treatment from Daegu P Assembly member from November 18, 2013 to March 11, 2015; the Defendant was at the time of receiving treatment from the p Assembly member of Daegu P Council member of the Republic of Korea; the Defendant was at the time of having a serious degree of difficulty and damage. ② The Defendant was at the time of committing the instant crime, ② from October 12, 2017 to Nov. 24, 2017; from Nov. 29, 2017 to Apr. 6, 2017, the Defendant was determined to have weak capacity to commit the instant crime under the diagnosis of the patient and the Defendant appeared to have changed to the police officer’s ability to be accompanied by the instant crime.
Therefore, the punishment should be mitigated in accordance with Article 10(2) of the Criminal Act.
Nevertheless, the lower court erred by misapprehending the legal doctrine on mental and physical disorder, thereby adversely affecting the conclusion of the judgment.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the following decision is rendered again through pleading.
[Discied Judgment] Criminal facts and charges.