공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Seized knife (No. 1) shall be confiscated.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant did not put a knife in a mountain, such as a knife knife knife, as the victim D knife knife or knife knife knife, and the Defendant was in possession of a knife in a knife with a knife, but did not have intended to commit a crime, and thus, it cannot be deemed that the Defendant carried a deadly weapon with a deadly weapon.
In conclusion, there is an error of misunderstanding of facts or misunderstanding of legal principles that found guilty of this part of the facts charged.
2) The Defendant, due to a mental disorder, she was aware that the injured victim J was talked about his or her own talk or paid his or her chest, thereby resulting in the instant crime under mental and physical weakness.
3) Even if the lower court found the Defendant guilty, the sentence of the lower court (three years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court (three years of imprisonment) is too unhued and unreasonable.
2. Determination
A. Prior to the judgment on the grounds for ex officio appeal, the prosecutor examined the following facts: ① “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” among the crimes in the first instance prior to the sending of the case, as “special intimidation”; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; and Article 283(1) of the Criminal Act, “Article 284 and Article 283(1) of the Criminal Act” of the same Act, “Article 283(1) of the Criminal Act,” respectively, was permitted by the court of the first instance prior to the remand of the case; ② “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” among the crimes in the first instance after the sending of the case, as “special intimidation”; “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” under Article 15(2)1 of the Criminal Act; and “Special Punishment of Violence, etc.” under Article 2(3)5) of the Criminal Act.