특수공무집행방해치상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the reasons for appeal (unfair sentencing) of the lower court’s sentence (two years of imprisonment) is too unreasonable.
2. At the time of the instant crime, the Defendant assaulted the victim D who operated a taxi under the influence of alcohol and arrested him as a current offender and detained a person who is a dangerous object in the police box, thereby hindering police officers from performing their duties, and suffered injury to police officers.
The criminal act of the defendant is not suitable for the quality of crime.
Before committing the instant crime, the Defendant was sentenced to a fine more than 12 times for a crime related to violence, such as a violation of the Punishment of Violences, etc. Act, and in 2014, the Defendant was indicted by obstructing police officers from performing their duties and was sentenced to imprisonment for six months and one year of suspended execution.
The Defendant committed a carcination in the state of drinking.
In light of the defendant's power, it is difficult to justify the defendant's crime of assaulting a person or obstructing police officer's performance of duty.
On the other hand, the judgment of the court below did not recognize the crime of causing injury to the execution of special duties among the crimes in this case, and it is against all the judgment of the court below.
피고인은 택시가 완전히 멈췄을 때 피해자 D을 때렸기 때문에 피고인의 특정범죄 가중처벌 등에 관한 법률위반( 운전자 폭행 등) 죄의 범행으로 다른 사고가 발생할 위험은 크지 않았다.
The defendant did not have a heavy degree of injury inflicted on police officers due to a crime causing interference with the performance of special duties, and did not interfere with police officers' performance of duties for a long time.
The spouse of a defendant is in a sick state and has a mental disorder for his/her child.
As the defendant was in the first instance, the defendant agreed with the police officer who suffered the victim D and the injured, and all of them do not want the punishment of the defendant.
These circumstances shall be the defendant.