특수공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
The nature of the crime of this case is not very good.
The defendant's blood alcohol concentration is very high.
The defendant committed the crime of this case again during the period of probation, even though he had a same criminal record.
On the other hand, the following conditions are favorable.
When the defendant was in a trial, the defendant recognized the crime of this case and appeared to be against his mistake.
The defendant agreed to both the damaged police officers in the trial.
There is a family member to support the accused.
In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows, except that the court below changed the third 7th page of the judgment into “1. Defendant’s trial testimony”, and thus, it is identical to each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of
Application of Statutes
1. Articles 144(1) and 136(1) of the Criminal Act applicable to the relevant criminal facts; Articles 148-2(2)1 and 2, and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 331-2 of the Criminal Act concerning the relevant criminal facts;
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment stipulated for the special crimes of obstruction of performance of official duties against each other, and the punishment for the special crimes of obstruction of official duties against F with heavier punishment).