공무집행방해등
Defendant
The appeal is dismissed.
The court below dismissed the prosecution against the assault against the victim C among the facts charged in the instant case, and sentenced the remainder of the facts charged, which only the defendant appealed against the guilty portion.
The judgment below
Since the dismissal of public prosecution is separated from the failure of both parties to appeal, the scope of inquiry of this court shall be limited to the conviction of the original judgment.
The summary of the grounds for appeal (unfair punishment) of the original judgment (two months of imprisonment) is too unreasonable.
Judgment
It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) appears to have committed a somewhat contingent crime under the influence of alcohol; and (c) there is a family member to support the Defendant.
However, the crime of this case was committed by assaulting police officers several times in the course of arresting the defendant as an offender in the act of assault and obstructing the legitimate performance of official duties and obscing them, and thus, the quality of such crime is not good. Even though there was a history of punishment by a fine and suspension of execution of imprisonment with prison labor, the crime of this case was committed again, and all the sentencing conditions such as Defendant’s age, character and behavior, environment, circumstances of the crime of this case, and circumstances before and after the crime are committed, it is not recognized that the sentence of the court below is too unreasonable.
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.