공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (six months of imprisonment) is too unreasonable.
2. The crime of this case is a matter of obstructing the performance of official duties by taking a bath to police officers dispatched by the Defendant upon receiving a report of 112 and drinking. It is recognized that the crime of obstruction of performance of official duties requires strict punishment for the purpose of protecting the legitimate performance of official duties of the State and establishing a sound social order, and that the degree of assault against the police officers of the Defendant is not easy.
However, in full view of the following circumstances: (a) the Defendant recognized his mistake and reflects against himself; (b) there is a family member to support the Defendant; and (c) the Defendant seems to have affected the occurrence of the crime of this case with a mental illness suffering from a usual wound; and (d) the Defendant has no record of criminal punishment except for a fine imposed around 2007; (b) the Defendant has no record of criminal punishment for other crimes similar to the crime of this case; and (c) the Defendant’s age, character and conduct, occupation and environment, family relationship, the circumstances and result of the instant crime; and (d) all other circumstances that are conditions for the punishment specified in the records and arguments, such as the circumstances after the crime, etc., the sentence imposed by
3. If so, the defendant's appeal is reasonable, and the judgment of the court below against the defendant is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
2. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances among the grounds for reversal of the above judgment);