공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
1. The instant crime of this case regarding the grounds for appeal is deemed to obstruct the performance of official duties by taking advantage of the police officers E face of a police officer called out after receiving a report while under the influence of alcohol, such as assaulting a woman F by living together, etc., and thereby obstructing the performance of official duties. Considering the fact that the act of exercising violence against a police officer who is performing legitimate official duties is not sufficient to be a crime committed by public authority, and that another crime of this case was committed again even if there was a record of punishment by assault, etc., even if there was a record of committing the instant crime, it is necessary to strictly punish the Defendant.
However, in full view of the facts that the defendant recognized the crime and reflects on the fact that the defendant lost self-defense while under the influence of alcohol and seems to have committed the crime of this case in a somewhat contingent and contingent manner, there is no past record of punishment for obstruction of performance of official duties, and there is no record of punishment exceeding the suspension of execution, the degree of damage is not severe, the defendant deposited 2 million won for the victim in the trial, the defendant has been detained for 2 months in the case, and the defendant has an opportunity to reflect on the records and arguments, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, character and behavior, family environment, and circumstances after the crime, it is judged that the sentence (6 months in prison) of the court below against the defendant is unreasonable.
2. The judgment of the court below is reversed under Article 364(6) of the Criminal Procedure Act, and the defendant's appeal on the ground of unfair sentencing is based on the conclusion.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Circumstances in favor of Article 62(1) of the Criminal Act;