(영문) 서울남부지방법원 2019.10.29 2019노1457

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(영문) 서울남부지방법원 2019.10.29 2019노1457

공무집행방해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant (non-incompetent, quasi-incompetent) 1 was in a state of lacking the ability to discern things or make decisions at the time of committing each of the instant crimes, and was in a state of lacking the ability to discern things and make decisions, since six years ago, and the Defendant was in a state of falling short of the capacity to discern things or make decisions with respect to each of the instant crimes. 2) The sentence sentenced by the lower court of unfair sentencing (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. Determination

A. According to the records of the judgment on the defendant's mental suffering claim, it is recognized that the defendant has a mental suffering disease, the defendant was under the influence of alcohol at the time of each of the crimes in this case, and the defendant was provided with a prescription of the doctor's disease in the detention house detained in this case.

However, in full view of each of the crimes in this case, which were duly adopted and examined by the lower court, the Defendant did not seem to have failed to have reached a weak level of ability to discern things or make decisions due to the injury or alcohol at the time of each of the crimes.

Therefore, the defendant's claim of mental disability cannot be accepted.

B. We also examine the Defendant and prosecutor’s assertion of unfair sentencing regarding the Defendant and prosecutor’s assertion of unfair sentencing.

On March 24, 2019, the Defendant committed a crime of obstruction of performance of official duties (hereinafter “instant first crime”) against police officers dispatched after receiving a report of 112 on March 24, 2019, and committed a crime of obstruction of performance of official duties (hereinafter “the instant second crime”) against police officers who want to protect the Defendant, again committed a crime of obstruction of performance of official duties (hereinafter “the instant second crime”), which is heavier than the nature of the crime.

In addition, the damaged police officers are "to ensure the safety of residents" in police investigations.

유사 판례

-대전고등법원 2020.10.16 2020노282

-광주지방법원 2016.12.22 2016노3995

-의정부지방법원 2016.10.14 2016노2174

-대구지방법원 2013.06.28 2012노3384

-서울남부지방법원 2014.03.14 2013노1875