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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (compactingly unfair) Sentencing by the lower court (one year of imprisonment) is too unreasonable.
However, each of the crimes of this case against the defendant was committed on the street by the victim D, etc., a police officer, who was called out after receiving a report that the defendant was used on the street and was urged to return home to the patrol vehicle without any particular reason, and was taking the window of the back seat of the patrol vehicle while going to move to the patrol vehicle, and the victim was forced to get off the defendant's arms and get out of the patrol vehicle, and the victim was forced to get out of the patrol vehicle, thereby leaving the victim's right to stop down and get out from the patrol vehicle, thereby hindering the victim's performance of official duties at the same time, and at the same time obstructing the victim's performance of official duties. Since the degree of the victim's injury and the degree of interference with the performance of official duties and the length of the above fingers suffered by the victim was serious and disadvantageous to the defendant, the crime is also committed, and therefore, the crime is also disadvantageous to the defendant.
However, considering the following circumstances: (a) the Defendant deposited the victim as the victim at the time of the trial; (b) the Defendant appears to have committed each of the instant crimes by contingently under the influence of alcohol; (c) the fact that there is no record of crime except that having been sentenced to a fine for property damage in 2011 on one occasion; (d) the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (e) other circumstances that are conditions for the sentencing specified in the instant case, such as the circumstances after the crime, etc., the sentencing of the lower court is deemed to be too unreasonable.
Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Reasons for the Decision] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are different from the judgment below.