특수공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the reasons for appeal (one year of imprisonment, confiscation) by the lower court is too unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The Defendant, upon receiving a report that his act of violence against D in a de facto marital relationship, threatened police officers who were called out to the scene with a deadly weapon, and committed assault against police officers even after he set excessive amount.
In the process of arresting a flagrant offender as a flagrant offender in around 2015, the Defendant was sentenced to imprisonment with prison labor for six months for a period of suspension of execution of one year and committed the instant crime during the period of suspension of execution.
In around 2002, the defendant has a record of criminal punishment several times for the same kind of crime, including being subject to suspended sentence of imprisonment for crime related to violence.
However, there are the following favorable circumstances for the defendant.
The defendant has been detained for a considerable period of time, and his mistake has been repented and reflected in depth.
The defendant seems to have caused the crime of this case against the police officers who interested in the process of dispute with D in de facto marriage and dispatched contingently.
The defendant did not proceed to exercise physical tangible power against police officers by using excessive amount of force.
The defendant deposited KRW 2,00,000 on behalf of police officers in the court below, and the police officer H expressed his intention not to punish the defendant in the court below, and the police officer G expressed his intention not to punish the defendant in the court below.
From around 2003, there is no record of criminal punishment for violent crimes except for the previous crimes of probation.
The family members of the defendant seek a preference against the defendant while trying to make a separate effort to prevent the defendant from repeating the crime.
In addition to the above circumstances, the records and arguments of this case, including the Defendant’s age, character and conduct, career, environment, background and result of the crime, and the circumstances after the crime.