(영문) 서울남부지방법원 2015.05.07 2014노2266

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(영문) 서울남부지방법원 2015.05.07 2014노2266

공무집행방해등

Text

All appeals by the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, with mental disorder, was under the influence of alcohol at the time of committing each offense of insult in the instant case as stated in the first instance judgment, among the “2014 Highest 2029” case, “2014 Highest 2079” case and “2014 Highest 2387” case. At the time of each of the instant crimes, the Defendant was in a state of lacking ability to discern things or make decisions due to depression.

Nevertheless, the court below's failure to recognize the mental disorder of the defendant is illegal.

B. In light of the fact that the Defendant’s mistake in unreasonable sentencing is divided and reflected, the amount of damage is not significant, and the Defendant’s health status is not good, each sentence (the first instance court: imprisonment with prison labor for a period of one year and two months, and the second instance court: the fine of 1.5 million won) imposed by the lower court is too unreasonable.

2. Determination

A. Two original judgments were consolidated in the first instance court, but the sentence of the first instance court is imprisonment with prison labor, and the sentence of the second instance court is different from that of a fine, and as examined thereafter, it does not constitute a case where a single sentence is imposed by maintaining the sentence of the first and the second instance court as it is, and thus, it does not ex officio destruction on the ground of a consolidation itself.

Therefore, the grounds for appeal against each judgment are divided.

B. According to the evidence duly admitted and examined by the court below regarding the judgment of the first instance court, the defendant was hospitalized prior to the crime of insult in each of the above cases as stated in the judgment of the court of first instance, even though he was hospitalized due to alcohol use-based symptoms, i.e., the method and method of each of the above crimes, the specific details of the crime, and the defendant's speech and behavior before and after the crime, it appears that the defendant was in a state of lacking the ability to discern things or make decisions due to drinking or mental illness at the time of each of the above crimes.

유사 판례

-대구고등법원 2012.10.25 2012노234

-서울고등법원 2020.06.17 2019노1703

-대구지방법원 2013.09.27 2013노1288

-광주지방법원 2014.11.26 2014노521

-서울남부지방법원 2015.10.12 2015노730