A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

Judgment

The crime of this case was committed by a police officer who was performing official duties by using a car, which is a dangerous object, and thereby undermining the function of the State by nullifying the exercise of legitimate public authority. The crime of this case is not easy in light of the fact that the defendant committed the crime of this case even though he had the record of criminal punishment already been imposed on several occasions including punishment due to violent crimes, violation of the Road Traffic Act, etc.

However, in light of all the sentencing conditions, including the defendant's age, family relation, criminal record, character and conduct, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., the defendant's sentence imposed by the court below is unreasonable, since it is recognized that the defendant's punishment imposed by the court below is unreasonable, the defendant's above assertion is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

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. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant statutory provisions concerning criminal facts, Articles 144(2) and (1), 136(1) of the Criminal Act (the point of causing obstruction of the performance of official duties), Articles 151(1) and 31(1) of the Criminal Act (the point of aiding and abetting a person to commit a crime), and Article 10790 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201).