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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
According to the records of this case, the Defendant, at the Seoul Southern District Court on May 15, 2018, sentenced to a suspended sentence of two years for the obstruction of performance of official duties and obstruction of business at the Seoul Southern District Court on June, 2018, and became final and conclusive on May 24, 2018.
According to the above facts of recognition, since the crime of the judgment and the above crime for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for the crime of the judgment shall be sentenced in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act, so the judgment of the court
However, despite such reasons for ex officio reversal, the defendant's mental and physical disorder is still subject to the judgment of this court, and the following is examined.
3. According to each evidence duly admitted and examined by the court below as to the assertion of mental disorder, it cannot be deemed that the defendant was under the influence of alcohol at the time of the crime of this case, in light of the background, means, and method of the crime of this case, the defendant's behavior before and after the crime of this case, etc., although it is acknowledged that the defendant had been under the influence of alcohol at the time of the crime of this case.
Therefore, the defendant's mental disorder is not accepted.
4. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[The reasons for the judgment which was written] criminal facts and evidence.