특수도주미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) of the lower court’s punishment against the Defendant is too unreasonable.
2. The instant crime was committed while the Defendant was arrested in the act of obstruction of the performance of official duties, and the Defendant escaped while exercising violence.
In view of the fact that the defendant committed an act of obstruction of the performance of official duties again and the defendant committed an act of obstruction of the performance of official duties again during the period of suspension of execution and again commits the same crime, it seems necessary to correct the violence of the defendant through the life of detention for a certain period of time. Therefore, the sentence of imprisonment against the defendant is inevitable.
However, the defendant's mistake is divided, the psychological condition caused by the defendant's psychological impulse caused by the defendant's suicide of her female-friendly woman could also have an impact on the crime of this case, and the mother's and work union's efforts for the guidance of the defendant are desired, and the defendant's age, character and behavior, environment, motive and means of the crime, circumstances after the crime, etc. are considered, and the punishment of the court below is somewhat unreasonable, considering various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and behavior, circumstances after the crime.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
1. Article 136 (1) of the Criminal Act, Articles 149, 146, and 145 (1) of the Criminal Act (the point of attempted special escape) of the relevant Act on the crime, and Article 257 (1) of the Criminal Act on the crime;
1. Each of the second instances of the Supreme Court Decision 40 and 50 of the Criminal Code.