(영문) 부산지방법원 2016.02.18 2015노4243 | 리걸엔진

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(영문) 부산지방법원 2016.02.18 2015노4243

공무집행방해

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of weak ability to distinguish things and make decisions under the influence of alcohol.

B. Sentencing, even if not, the lower court’s sentencing (6 months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of this case’s determination as to the assertion of mental and physical weakness, it is recognized that the Defendant had drinking alcohol at the time of committing the instant crime.

However, in full view of the following: (a) the Defendant was in a state in which the Defendant was unable to discern things or make decisions due to drinking, taking into account the volume of drinking alcohol and the amount of reputation; (b) the background leading up to the instant crime; (c) the means and method thereof; and (d) the Defendant’s speech and attitude

Therefore, the defendant's above assertion cannot be accepted.

B. The crime of this case, which judged unfair judgment on the crime of this case, was committed by the defendant as assaulting a police officer in the course of performing official duties, and the defendant committed the crime of this case during the period of suspension of execution despite the fact that the defendant had been sentenced to suspended execution due to the previous injury, etc., which is disadvantageous to the defendant, or the defendant appears to have committed the crime of this case by contingency, or the defendant is deemed to have committed the crime of this case, and the defendant is fully aware of all of the crime of this case, and the defendant has been able to refrain from drinkingly against his mistake by taking into account the motive and circumstances leading up to the crime of this case, circumstances after the crime, the defendant's age, sexual behavior, environment, etc. In addition, considering the various circumstances that are the conditions for the punishment of this case, the sentencing of the court below is somewhat unreasonable, and the defendant's assertion is justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is re-written.

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