공무집행방해등
The judgment of the court below is reversed.
The punishment of the accused shall be determined by eight months of imprisonment.
The seized knife, knife cans.
The summary of the grounds for appeal (10 months of imprisonment) of the lower court is too unreasonable.
Judgment
In order to establish legal order and eradicate a light of public authority, it is necessary to strictly punish the Defendant’s crime of interference with the performance of official duties; the method of committing the Defendant’s crime of interference with the performance of official duties that threatens the use of gasoline and knife is very dangerous; the Defendant already has seven-timeless driving and four-time driving skills for drinking; and the instant crime was committed during the period of repeated offense.
However, it is more favorable sentencing factors such as the fact that the defendant did not repeat again while against his own crime; that the defendant supports both her mother and two son; that the defendant's family and son want to take the Defendant's preference against the defendant; that the defendant's health and economic conditions are not good; that the defendant's agreement with the victimized police officer in the appellate trial was reached in the appellate trial; and that other sentencing materials that were shown in the arguments, such as the background of the crime of this case; the circumstances after the crime of this case; the defendant's age; that of the defendant's sexual behavior; and that the court below's punishment is recognized as unfair because the defendant's argument is reasonable.
Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act for the crime;
1. Articles 40 and 50 of the Criminal Code of Trade and Trade (the punishment shall be added).