공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal is that the sentence of imprisonment with prison labor (ten months) by the lower court is too unreasonable;
2. In light of the fact that the Defendant recognized the instant crime, that the Defendant is a disabled person of Grade III with a mental disorder, and that the Defendant’s health appears not to be good (the Defendant’s assertion that the Defendant is a liver cancer 2) it is deemed that the sentence of the lower court is unreasonable.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Discied Judgment] The summary of criminal facts and evidence against the defendant is identical to the description of each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The circumstances examined in the pertinent Article of the Criminal Act, Article 136(1) of the Criminal Act, the reason for sentencing of sentence, and Article 136(2) of the Criminal Act, are favorable circumstances.
On the other hand, the defendant had been subject to criminal punishment until 26 times, and a considerable number of the defendants were either an act of violence or a disturbance for revocation at a police station, and the crime of obstruction of performance of official duties requires strict punishment in order to protect legal order and to establish public authority. The crime of this case is committed by the defendant who interferes with the passage of vehicles on the road, which is dissatisfied with the investigation, and leads the defendant to move from the police officer, and leads him to his desire to move from the police officer, and the nature of the crime is not good. The defendant's attitude that does not reflect his wrong (36 pages of the evidence record) even during the investigation of this case, such as the defendant's abusive behavior (36 pages of the record of the investigation of this case) and others, such as the circumstances, means, results, and circumstances after the crime of this case.