사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is determined by the following facts: (a) although the defendant did not have the intent or ability to pay the price at the main point operated by the victim D, he/she shall do so by taking the order of alcohol and he/she, and (b) he/she reported that he/she did not pay the disturbance without paying the drinking price at the main point above, and (c) he/she asked the above police officer to talk about whether he/she would pay the drinking price to the defendant; (d) he/she takes a bath to the above police officer; and (e) taken an empty beer back on the floor; (e) he/she did so on his/her hand, taken the left face of the above police officer one time; and (e) interfere with the legitimate duties of the police officer, and at the same time interfere with the above police officer's legitimate duties, he/she inflicted an injury on snow, snow, and eyeball in need of medical treatment for about one week, and the punishment
Furthermore, it is difficult to view that the Defendant, even before the instant crime was committed, has committed obstruction of performance of official duties only once a sentence (2006), twice a suspended sentence, one time a suspended sentence, and three times a fine, having the record of serving a sentence on the sole basis of the crime committed by force majeure (2006)
In addition, considering the fact that the Defendant was sentenced to punishment on July 19, 2012 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc.) on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes and was committed during the period of repeated crimes on March 5, 2013, it is necessary to punish
However, the Defendant committed each of the crimes in this case, and expressed his attitude to see his own mistake in depth.
In addition, on April 7, 2015, before the instant indictment was instituted, the Defendant agreed to the victim D and the victim of the fraud, and the above victim did not want to be punished by the Defendant. The lower court deposited KRW 700,000 to G for the obstruction of performance of official duties and the victim of the bodily injury.
In addition, while the defendant was under the influence of alcohol at the time, the obstruction of the performance of official duties and the conduct of bodily injury in this case.