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 sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.
2. As to the grounds of appeal, the crime of this case is disadvantageous to the defendant, such as: (a) the defendant was arrested as a flagrant offender of violence and was arrested, and walked one time by oral appearance of the police officer's face while boarding the escorting vehicle; (b) the police officer took a bath within the ward of the vehicle; and (c) the nature of the crime in light of the background of the crime, the degree and content of the assault; and (d) the need to strictize the crime of obstruction of performance of official duties in order to eradicate the light of the public authority; (b) the defendant was sentenced to a suspended sentence of imprisonment for the same crime of obstruction of official duties; (c) the defendant was sentenced to a suspended sentence of imprisonment for the same crime of obstruction of official duties; and (d) the defendant committed the crime of this case without being during the suspended sentence due
However, it appears that the Defendant had committed the instant crime against the police officer who was dispatched in a critical state, such as recognizing the instant crime, submitting the rebuttals several times, agreed with the victimized police officer E in the trial, and taking measures to receive alcohol dependence treatment after being released from the prison, etc., and the Defendant appears to have committed the instant crime. The Defendant appears to have committed the instant crime against the police officer who was dispatched in a critical state, such as workplace rent and wurging, in drinking condition, etc., and the payment of child support and support for the aged are favorable to the Defendant.
In addition, the defendant's age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, circumstances after the crime, etc., all the sentencing conditions and guidelines (type 1 (Obstruction of Performance of Duties and Forced Duties) shall be the basic area (Categories 1 (Obstruction of Performance of Duties and Forced Duties), 1 (Categories 6 to 6 months), 2 (Obstruction of Performance of Duties and Forced Duties) shall not be the special person: Reduction area (Obstruction of Performance of Duties and Forced Duties from January to 8, 200), 1 (Obstruction of Performance of Duties and Forced Duties) shall be mitigated area.