공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. In light of the gist of the grounds for appeal by the defendant and his defense counsel (e.g., indubly unfair) against the defendant, and the fact that the defendant commits the instant crime by drinking alcohol and contingently, the degree of intimidation is relatively minor, and the defendant deposited KRW 1 million for police officer G and has family members to support, etc., the sentence of the court below that sentenced eight months to imprisonment is too unreasonable.
2. We examine ex officio prior to determining the grounds for appeal for ex officio determination.
The lower court deemed the Defendant as having led to the confession of the facts charged in the instant case and notified the decision to judge by the simplified trial procedure, and completed the examination of evidence in accordance with the method prescribed in Article 297-2 of the Criminal Procedure Act, and found the Defendant guilty of the facts charged in the instant case based on the evidence, deeming that all the evidence presented pursuant to Article 318-3 of
However, according to the records, the defendant's defense counsel may recognize the facts stated to the effect that "the defendant committed the crime of this case under the influence of alcohol" during the fourth trial of the court below, and it is reasonable to view this as asserting the grounds for dismissal of responsibility of mental and physical disability or mental disorder, and it is difficult to regard it as a case where the defendant made a confession of the whole charged facts in the courtroom, and it is remarkably unfair to judge the
Therefore, this case does not fall under cases where a trial can be conducted in accordance with a summary trial procedure, and the judgment of the court below that decided to be tried in a summary trial procedure pursuant to Article 286-3 of the same Act for the same reason is revoked, and the judgment of the court below cannot be maintained any longer
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal.