특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for six months.
(2) the date of this judgment.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an imprisonment of six months, one year and six months of suspended sentence, one year and six months of suspended sentence, observation of protection, community service work 160 hours, and alcohol dependence treatment during the period of protection observation) is too unreasonable.
2. The sentencing grounds indicated in the records of the instant case, in particular, when considering the fact that police officers, who were subject to interference with the performance of official duties, submitted a written application not to punish the Defendant, and other criminal records, age, etc. of the Defendant, the sentence imposed by the lower court is too unreasonable.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Reasons for the judgment of conviction] The summary of facts constituting a crime and evidence recognized by this court is identical to the corresponding column of the judgment below, and thus, it is also acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 314(1) of the relevant Act on the Punishment, etc. of Specific Crimes (the point of interference with business), Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), and Article 136(1) of the Criminal Act on the criminal facts (the point of interference with the performance of public duties)
1. Articles 40 and 50 of the Criminal Act (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (an act of violence against a driver, etc.) among the crimes of obstructing the performance of official duties by a person on September 25, 2017, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (an act of violence against a driver, etc.) where punishment is heavier);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentence as ordered shall be determined by taking into account the circumstances, etc. described in the sentence of Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Criminal Act on the grounds of sentencing.