공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds of appeal reveals that the defendant recognized all of the crimes of this case, is in depth and reflects the same mistake, and is expected not to repeat the same mistake, the defendant has made efforts to solve problems, such as alcohol addiction and mental therapy repeatedly as the crime of this case, in the event of the withdrawal of alcohol, etc., and deposit for public officials who are victims of assault without the degree of assault committed by the defendant, and the same victim is the victim of assault, and the relationship with his family is maintained, and his family members are making efforts to guide and treat the defendant. In light of the above, the punishment (six months of imprisonment) imposed by the court below is too unreasonable.
2. The judgment is based on the facts that the defendant had been sentenced to suspended execution and fine several times, but there are unfavorable grounds for sentencing. However, considering the fact that the wife, who had been divorced by law from the defendant, has endeavored to get alcohol addiction and mental therapy again, it is considered that if he is given a motive to receive treatment again, it may be a fundamental solution. The extent of violence is not severe and the damaged public official wants to take the preference of the defendant, the defendant must support his parents together with his wife, the defendant must support his parents for more than three months, and the defendant seems to have been detained for more than three months. In addition, considering the defendant's age, character and behavior, the motive, means and consequence of the crime, and the circumstances after the crime, the punishment imposed by the court below is somewhat inappropriate.
The defendant's assertion of unfair sentencing is justified.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below.