특수공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. In light of the gist of the grounds for appeal by the defendant and his defense counsel (e.g., indubly unfair) that the defendant commits each of the instant crimes in a contingent manner under the influence of alcohol, and thus, the defendant has committed the instant crimes, thereby recovering damage to the victim of damage to property, and efforts have been made by police officers in relation to the special obstruction of performance of official duties, as well as the need to support his or her wife by divorce with his or her wife, the sentence of the lower court that sentenced six months to imprisonment is too unreasonable.
2. The judgment of the court below reflects the defendant's wrong, and the defendant committed each of the crimes of this case in contingency under the influence of alcohol, and the police officer F wanted to have the defendant's preference. In light of the motive and background of each of the crimes of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and behavior, the environment, etc., as shown in the records and arguments of this case, the above assertion is justified.
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. The point of causing damage to property and damage to the relevant criminal facts and the judgment of the choice of punishment: Article 366 of the Criminal Act; Article 144 (1) and Article 136 (1) of the Criminal Act; Article 144 (1) of the Criminal Act; Article 136
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;