공무집행방해등
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 on the defendant (one year of imprisonment) is too unreasonable.
2. In light of the fact that the Defendant: (a) destroyed a motor vehicle owned by the victim D, which had no awareness of face-to-face identification; (b) destroyed a motor vehicle owned by the victim G; and (c) inflicted an injury upon a police officer who was called out after receiving a report, and subsequently destroyed a motor vehicle owned by the victim G; and (d) inflicted an injury by assaulting the police officer who attempted to check the Defendant; and (c) committed again the instant crime even though he had been punished several times for the crimes such as assault and damage, it is necessary to punish the Defendant strictly.
However, in light of the following circumstances: (a) the Defendant led to the instant crime from the lower court to the trial court; (b) made a confession of the instant crime; (c) made the victims of the instant crime of causing property damage; (d) made a deposit to the victims of the instant crime of causing property damage; and (e) made a partial repayment of damage to the victims of the instant crime of causing property damage; (c) made a deposit to the victims of the instant crime of causing property damage; and (d) it is necessary to look at the Defendant’s health; and (e) the Defendant’s health is not appropriate at present; and (e) other various circumstances, such as character, character, environment, age, motive, circumstance, means and consequence of the crime; and
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 366 of the Criminal Act (the point of causing destruction and damage) and Article 136 of the Criminal Act concerning the crime.