공무집행방해
All appeals filed by the defendant and prosecutor are dismissed.
Summary of Grounds for Appeal
A. The Defendant’s ground of appeal 1) misunderstanding of facts does not state the victim, who is a public official belonging to the 119 Safety Center in the Blue Fire-Fighting House, in a state of mental disorder, and the Defendant was in a state of mental disorder or mental disorder under the influence of alcohol.
3) The lower court’s sentence of unreasonable sentencing (the imprisonment for eight months, the suspension of the execution of two years, the probation, and the alcohol treatment of 80 hours is too unreasonable.
B. The lower court’s reasoning for the appeal by the prosecutor is too unfased and unreasonable.
Judgment
A. According to each of the F and E’s written statement of the police officers, investigation report (119 reporters and telephone conversations) as to the Defendant’s assertion of mistake of facts, it can be sufficiently recognized that the Defendant committed assault against the victim, who is a fire-fighting official, dispatched after receiving a report by the Defendant. Therefore, the lower court’s conviction of
Therefore, the defendant's assertion of mistake is without merit.
B. According to the records of the judgment on the Defendant’s mental or physical disability, it does not appear that the Defendant had lost or weak ability to discern things or make decisions due to drinking at the time of the instant crime in light of various circumstances, such as the background leading up to the instant crime, the means and method of the crime, and the Defendant’s act before and after the instant crime.
Therefore, the defendant's defectiveness or mental disability argument is without merit.
C. The defendant's age and health is not good, the victim's position is favorable to the defendant, and the defendant has a record of being punished for a suspended sentence of the same kind of crime, and there are several records of punishment for violent crimes, and the victim has not sought or agreed on a letter of intent to the victim, and other unfavorable circumstances, such as the defendant's age and the victim's age.