공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.
2. It is recognized that the Defendant’s judgment is against all the criminal acts of this case, and the degree of the assault of this case and the obstruction of official duties is relatively excessive.
However, in full view of various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, which are disadvantageous to the Defendant, such as having been sentenced several times of punishment due to violent crimes, and recidivism during the period of probation, and other circumstances, which are conditions for sentencing as shown in the records and arguments of the instant case, the sentence of the lower court is deemed unfair because it is too uneasible.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are as stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136 (1) of the Criminal Act applicable to the crime, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspension of execution (including the circumstances favorable to the above-mentioned judgment);
1. The punishment is determined as ordered by taking into account the following circumstances, prior to the sentencing reasons, Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care, Custody, etc. Act (the crime of the defendant was committed while drinking, and the defendant was committed in a state of drinking, and the defendant’s difficult termination upon drinking in his/her usual meeting is due to habitive walls, and if the defendant is unable to dismiss such habitive walls in the future, the risk of repeating the crime is high. Thus, the defendant’s mental and physical treatment is required for the identification of alcohol, etc.).