특수공무집행방해치상등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal: In light of the following: unreasonable sentencing: (a) the sentence of the lower court (two years of imprisonment and fine 150,000 won) is too unreasonable, considering the following: (b) the Defendant’s serious reflectiveness; (c) the circumstances leading up to the commission of the crime causing the obstruction of performance of official duties by performing official duties; (d) the thief was returned and substantial damage was recovered; and (e) the environment in which the Defendant has a family to support.
2. Determination
A. The court below held that the defendant committed each of the crimes of this case since the defendant was not released from prison because he was sentenced to a punishment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., even though he had a record of having received juvenile protective disposition due to larceny several times, and was sentenced to a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc. (the crime of this case was committed by the defendant; the defendant attempted to conceal the thief by means of theft and replacement of another thothoth to take advantage of his identification board in order to take and take advantage of the stolen thoth, and the defendant committed an injury to the police officer by driving the thoth as it is, even though the control police officer prevented the front of the thoth, even though thothath from driving the throth, etc
(a) Crimes of bodily injury resulting from the obstruction of performance of official duties (determination of types) / The crime group of the obstruction of official duties, the death or injury resulting from the obstruction of special official duties, and the first category (the injury or injury resulting from the obstruction of special official duties) / None of the basic fields / [decision on the recommended field] the basic field / [the scope of recommendation
(b) A decision on the type of larceny [decision on the type of larceny] The basic area of larceny (decision on the category of larceny] that is neither the thief group, habitual repeated crime, and the first category (general habitual repeated crime), [decision on the recommended area] nor the basic area of larceny (decision on the recommended area], and two to four years;
C. There are crimes of illegal use of air or illegal use of air for which the sentencing guidelines have not been set for two or more years of imprisonment with prison labor, so the sentencing guidelines are set.