특수공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The gist of the grounds for appeal is that the court below sentenced one year to the defendant, and the prosecutor asserts that the sentence of the court below is too unfasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.
2. We examine both the judgment and the Defendant’s assertion of unreasonable sentencing in a lump sum.
The defendant has been punished more than 12 times as a violent crime, including three times of punishment. The crime of this case was committed while in possession of knife knife, which is dangerous to police officers in the course of performing official duties, and the nature of the crime is not less than that of the crime. According to the Busan Probation Office's judgment and response to the investigation at the request of the court of probation, the defendant's diagnosis and examination of interference with alcohol use (AUDIT-K) Alcoho Ulle Dlcoho (Alcoho) through the grading method conducted by the person on his behalf of the defendant, and the method of selecting a line with alcohol using the AUDIT developed by the World Health Organization in accordance with the domestic circumstances. As a result, it is proved that the defendant was a "toxic drinkinger", and the defendant himself was also found to have been under the influence of alcohol, such as the recent 3 and 4 diseases, which caused frequent experience in the so-called "booming", and it is considered that the defendant committed the crime of this case was highly under the influence and the influence of alcohol.
However, the defendant, who was divorced with the previous wife D around January 2013 and living with other women, had frequently sprinked disputes due to minor problems, and went to the previous wife's house in order to see the children after drinking alcohol with the inner mind, and the previous wife's car was parked in a place located far away from the house without the husband, and was destroyed by the reason that the previous wife's car was married without the husband.