공무집행방해
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (two months of imprisonment) is too unreasonable.
2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.
In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.
Unless there exist such exceptional circumstances, it is desirable to respect the sentencing of the first instance trial (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the Defendant as favorable factors for sentencing in the trial, including the fact that the damaged correctional officer wishes to take the preference against the Defendant, were mostly taken place in the hearing process of the lower court, and there are no particular changes in the situation in the sentencing guidelines with the matters that are the conditions for sentencing after the sentence of the lower court was rendered.
In addition, this case is a crime that interferes with the execution of official duties of correctional officials while the defendant is serving in prison, such as threatening them to walk, and thus, it is inevitable to sentence a sentence.
In addition, considering the age, sex and environment of the defendant, records of crimes, circumstances after crimes, etc. and various conditions of sentencing as shown in pleadings, the court below's sentence is imposed on the defendant.