(영문) 서울중앙지방법원 2015.06.19 2015노563

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(영문) 서울중앙지방법원 2015.06.19 2015노563

공무집행방해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The defendant does not pay a fine.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an assault against D and Escopic F, such as the facts charged.

B. Even if the defendant committed a crime, it is a mental and physical disability that has been punished under the state of mental and physical disability due to the defendant's Maternal flusium.

C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, it is recognized that the defendant committed the crime as stated in the facts of the judgment below of this case.

Defendant’s assertion of mistake is not accepted.

B. According to the above evidence as to the assertion of legal principles and the materials presented during the argument process of this case, the defendant can be found to have been in a state where his ability to discern things or make decisions was deteriorated due to the Compilation Mental fluor, etc. at the time of the crime of this case.

Therefore, the defendant's argument of mental disability is justified.

3. As such, the defendant's argument of mental disability is with merit. Thus, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the following decision is again rendered

[Dao-written judgment] The criminal facts and the summary of evidence admitted by the court below and the summary of the evidence are as stated in each corresponding column of the judgment below, except for adding "the defendant has a lack of the ability to discern things or make decisions due to editing mental fission" to the first head part of the crime of the judgment below, and therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257(1) and Article 136(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the selection of fines.

참조조문

유사 판례

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