특수공무집행방해치상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (one year and six months of imprisonment) shall be excessively unreasonable.
2. We examine ex officio the judgment on the ground of appeal for ex officio determination on the injury caused by special obstruction of performance of official duties.
A. Around 00:00 on October 28, 2019, the Defendant found that the Defendant driven a Crash driver’s vehicle from the front of the Defendant’s residence in Pyeongtaek-si B while under the influence of alcohol with a maximum of 0.063% of alcohol level around 00:0 on October 28, 2019, and the police officers conducted drinking control on the front of Pyeongtaek-si D.
The Defendant attempted to flee by making a UP to avoid being exposed to his drinking, and the E (the age of 38) who is a police officer belonging to the Pyeongtaek Police Station was driving a traffic patrol vehicle and stiffing the Defendant’s above car, which led to the escape of about 10km from the road, and the front house of Pyeongtaek-si was stopped by blocking the Defendant’s vehicle from the front line of the vehicle at the time when the front house of Pyeongtaek-si was in front of the Defendant, which was moving back from the front line of the vehicle, and E demanded the Defendant’s driver’s seat window to be cut off from the vehicle after blocking the Defendant’s vehicle from the front line of the vehicle.
As above, the Defendant did not comply with a legitimate demand from E to drive the said passenger vehicle without complying with it, repeated efforts to escape from the future, and attempted to escape from the future. The Defendant, who avoided E’s demand, was shocked by the Defendant’s knife with the Defendant’s knife, thereby having E suffered approximately two weeks of medical treatment.
Accordingly, the defendant carried dangerous articles and caused the injury to police officers who perform legitimate duties such as crackdown on drinking driving and arrest of flagrant offenders.
B. In light of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the lower court, the health unit and the evidence submitted by the Prosecutor is alone.