공무집행방해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. The Defendant with mental disorder was in a state of mental and physical weakness under the influence of alcohol at the time of committing the crime of the first instance judgment.
2) The sentence (six months of imprisonment) sentenced by the first instance court for sentencing is too unreasonable.
B. The sentence sentenced to the second instance judgment (4 months of imprisonment) by the second instance judgment is too unreasonable.
2. Determination
A. Upon ex officio determination, this Court held that each appeal case against the judgment of the court of first instance and the judgment of the court of second instance against the judgment of the court of second instance were consolidated and tried, and since each of the crimes committed in the combination are concurrent crimes under the former part of Article 37 of the Criminal Act, each of the above crimes should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of first instance and the judgment of the court of second instance which sentenced a separate punishment against the defendant cannot be maintained in this point.
However, notwithstanding the above reasons for reversal of authority, the defendant's assertion of mental disorder is still subject to the judgment of this court, and is judged below.
B. According to the records of this case’s determination as to the assertion of mental disorder, it is recognized that the Defendant was under the influence of alcohol at the time of committing the crime in the first instance judgment, but in light of all the circumstances such as the background leading to the crime, the means and method of the crime, and the Defendant’s act before and after the crime, the Defendant was in a state that the Defendant lacks the ability to discern things or make decisions due to drinking at
It is not visible.
Therefore, the defendant's mental disorder is without merit.
3. Thus, the defendant's mental and physical argument is without merit, but the judgment of the court below is without merit, and there is a ground for reversal of the above authority. Thus, without examining the defendant's unfair argument of sentencing, all of them are reversed under Article 364 (2) of the Criminal Procedure Act and it is again decided as follows
【Grounds for the new judgment】 Summary of facts constituting an offense and evidence