상해등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.
2. The Defendant is against the charge, and the Defendant’s family members and branch members want to take the Defendant’s wife, and the degree of injury to the victim, who is the police officer, is not excessive.
In addition, the defendant deposited 1 million won for the victim in the first instance.
However, the Defendant committed each of the crimes of this case during the period of suspension of execution due to drinking driving, etc., and during the trial due to rape, etc., the alcohol content in blood is considerably high as 0.136%, and the Defendant did not receive suspicion from the injured party.
In addition, the nature of the crime of obstructing the execution of official duties of this case is not very good, and the defendant has already been punished once due to drinking driving and five times due to violent crimes.
In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the failure of the defendant's punishment.
3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.