공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for nine months.
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant was physically and mentally weak due to alcohol disease, etc.
B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.
2. In light of the background leading up to each of the instant crimes, the means and method of committing the crime, and the Defendant’s speech and behavior before and after the commission of each of the instant crimes, the Defendant had the ability to discern things or make decisions due to alcohol diseases, etc. at the time of each of the instant crimes.
It is difficult to see it.
Therefore, the defendant's above assertion is without merit.
3. The following are circumstances that are favorable to the Defendant: (a) the fact that the nature of the crime is not good in light of the background and content of the instant crime; (b) the number of punishment records for the same type of crime; and (c) the fact that the victims did not agree with the victims; (b) the Defendant’s reflects the crime; (c) the fact that the social relationship appears relatively clear; and (d) some efforts were made to recover damage by compensating for damage to property damage in the course of the trial.
Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s health, family relation, age, sexual conduct, environment, motive for committing a crime, means and consequence of a crime, the punishment of the lower court is deemed unfair due to the absence of punishment and the circumstances before and after committing a crime.
Therefore, the defendant's above assertion is justified.
4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to that of the judgment below and Article 369 of the Criminal Procedure Act.