공무집행방해
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. The summary of the grounds for appeal (unfair punishment) of the original judgment (six months of imprisonment) is too unreasonable.
2. The crime of this case was committed by the Defendant who obstructed the legitimate performance of official duties by a police officer under the influence of alcohol and formed an atmosphere of severe punishment in society in relation to the seriousness of the damage. In order to establish the national legal order and to eradicate the light of public authority, it is necessary to punish the act of obstructing performance of official duties. The Defendant filed 112 reports without any justifiable reason under the influence of alcohol on several occasions before the instant case, or was punished by a dispute with the Dong local residents. The likelihood of repeating the crime is an unfavorable circumstance to the Defendant.
However, in light of the following: (a) the Defendant has no record of committing the instant crime; (b) the Defendant has no record of committing the same kind of crime; (c) the police officer did not inflict any injury; (d) the Defendant has a mother who will support the Defendant; (c) the police officer was arrested the Defendant as a flagrant offender; (d) during that process, the Defendant was under medical treatment until now; and (e) various sentencing conditions, such as Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (e) the sentencing guidelines of the Supreme Court Sentencing Commission, including the following: (a) the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission is eight months of imprisonment with prison labor from one month to eight months; (b) the obstruction of performance of official duties; (c) the obstruction of performance of official duties; (d) the decision of the recommended area; (d) the scope of the recommended sentence (if the degree of violence is minor); and (e) the main positive factors such as the suspension of execution are considered as inappropriate.
3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.
Criminal facts
b) the summary of the evidence and evidence.