공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The judgment defendant has been punished several times, including suspended sentence of imprisonment for a crime related to violence.
In particular, the defendant, who was sentenced to a suspended sentence for the crime of obstruction of performance of official duties and was sentenced to a fine one time due to the crime of injury to a police officer, did not know about the suspended sentence, and obstructed the police officer's performance of official duties without justifiable grounds, and caused a traffic accident by driving a considerable distance of distance. In light of the circumstances and results of the crime, it is not good that the crime is committed.
However, considering the fact that the defendant recognized the crime of this case, the drinking driving did not have any other punishment force except for the punishment by a fine on one occasion in 2015, there is no record of being punished in excess of the suspension of the execution of imprisonment, the degree of violence against the police officer is not severe, there are family members to support, and all the sentencing conditions of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable.
Therefore, the defendant's above assertion is justified.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded.
【The part of the judgment rendered in multiple times] Criminal facts and summary of the evidence recognized by the court and the summary of the evidence are all the same as the entries of the judgment below in each corresponding column of the judgment below. 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 (the point of obstruction of performance of official duties), Articles 148-2(1) and 44(1) of the Road Traffic Act, and the choice of imprisonment with labor, respectively.