위계공무집행방해등
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. In our criminal litigation law, which takes the trial-oriented principle and the direct principle, there is no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The defendant shows an attitude to recognize and reflect each of the instant crimes, and the fact that there was no past record of having been sentenced prior to the instant case is favorable to the defendant.
However, the crime of this case was committed not only by the defendant, but also by using serious violence against his wife and her children, but also by threatening with a knife, which is a deadly weapon, and by making a false report, obstructing the performance of official duties of several public officials including fire officers, and the nature of the crime is not very good.
Defendant’s wife and children seem to have suffered considerable mental and physical pain due to the significant shock in this case.
The victims are punished by the defendant because they did not receive any written assistance from the victims due to their agreement with the victims.
In addition, the Defendant committed each of the crimes in this case without being aware of during the period of suspension of execution, even though the judgment became final and conclusive on November 22, 2013, on November 14, 2013, by obstructing the performance of official duties, etc. on November 14, 2013.
These points are disadvantageous to the defendant.
In full view of each of the above circumstances, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of each of the instant crimes, means and methods thereof, and all of the sentencing factors expressed in the instant records and the trial process, including the circumstances after the commission of the crime, the sentence imposed by the lower court is out of the scope of reasonable discretion or is too unreasonable.
3.