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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.
2. The Defendant committed the instant crime without being aware of it during the period of probation.
The obstruction of the execution of public duties is a crime that causes damage to the function of the State in part by nullifying the legitimate exercise of public authority.
The defendant was punished several times for violent crimes including punishment.
On the other hand, the defendant is recognized to commit crimes and is against the law.
Although there are many criminal records of violence against the defendant, there is no record of punishment due to interference with the execution of official duties, and it is irrelevant to violence due to driving of drinking before the suspension of execution.
On the way that police officers at the time were called up after receiving a report that they had been on the marital fighting, they did not see the defendant's talk by drinking the defendant, and the defendant was 2-3 times when she took a bath, and the police arrested the defendant as a flagrant offender immediately, and the degree of assault is minor.
In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s punishment is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act on the observation of protection;