Defendant

All appeals by prosecutors are dismissed.

The court below sentenced 6 months of imprisonment. The court below sentenced 6 months of imprisonment.

The defendant asserts that the above-mentioned sentence is too unfasible, so the prosecutor is too unfased and unfair.

Judgment

The crime of this case was committed by the defendant at his own house, while the defendant was in a dispute with the denial that he had returned late in the influence of alcohol, and the police officer dispatched after receiving a report, thereby hindering the execution of official duties by threatening him.

① Plastic sculptures debrising a dispute, like a defense counsel’s assertion, may be at a low risk compared to other dangerous articles, such as a ceiling or knife, but the Defendant’s act of committing a crime, such as threatening a police official by causing a dispute, is inadequate, and the degree of interference with the performance of official duties is not weak.

② In addition, under the influence of liquor, the denial of the defendant at the time was returned to the defendant, and there was a dispute with the defendant, and many police officers dispatched upon receipt of the report were able to enter the residence of the defendant, and the defendant was able to have the defendant feel a sense of shame at the time.

However, the sentencing guidelines for the “the motive for committing a crime that may be considered” of the sentencing guidelines asserted by a defense counsel refers to cases where the performance of official duties is excessive or inappropriate, and contingent crimes are committed in the course of exercising legitimate rights or claiming the right (the sentencing guidelines 183 pages). It cannot be viewed as the sentencing guidelines.

③ Meanwhile, the Defendant was sentenced to eight months of imprisonment with prison labor for interference with the performance of official duties in December 15, 2014 and was under the period of a same repeated crime on May 12, 2017, but committed the instant crime on May 12, 2017. In addition, the Defendant was sentenced to two years of suspension of execution, one year and eight months of imprisonment with prison labor for an act of violence in 2009 and three years of suspension of execution for two years of imprisonment with prison labor for an act of violence in 198.

(4) The defendant has endeavored to deposit with police officers and has prepared for the repayment of damage.