특수공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Nos. 1 and 2 of seized evidence from the defendant.
1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.
2. Determination
A. The lower court rendered a sentence of one year to the Defendant by taking account of the following favorable circumstances: (a) the Defendant’s wife did not want the Defendant’s punishment, and the Defendant’s wife did not have any force to punish the Defendant, considering the fact that it threatens the police officer called out upon receiving a report of assault with a deadly weapon and threaten gas explosion; (b) the need to strictly punish the crime of obstructing the performance of official duties in order to establish the State’s legal order and public authority; and (c) the fact that the Defendant had been punished several times including suspended sentence for violent crimes; and (d) the Defendant’s wife did not have any force to punish the Defendant; and
B. 1) As pointed out in the court below, there is a good quality of the crime of this case as pointed out in the court below.
However, there are circumstances in which the defendant was detained due to the crime of this case committed against his spouse, and the custody of the defendant eventually causes economic difficulties to the spouse and children of the victimized person.
In addition, the victim C, who is the defendant's wife, committed a crime under the influence of alcohol between the defendant and the defendant, and the defendant has a large number of times to commit a crime, and the defendant is living extremely without drinking again to the defendant.
The Defendant complained of the Defendant’s wife, and the Defendant’s children also wanted to take the Defendant’s wife.
In addition, the defendant sent letter to G as the counter party of the crime of interference with the performance of special official duties, and the above police officer also submitted a written application to seek the defendant's wife at the trial.
2) Although there exist circumstances unfavorable to the defendant as seen in the lower court, the injury of the victim C due to the Defendant’s assault is relatively minor, and it is relatively minor.