공무집행방해등
The judgment below
Of them, the remainder of the litigation costs, excluding the defendant's share, shall be reversed.
Defendant .
1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The accused has been punished three times by a fine for violating the Punishment of Violences, etc. Act.
The crime of this case is one of the crimes committed in combination with the defendants of the court below and dispatched to the scene by the police officers who received a report of traffic accident, and received a request for voluntary accompanying from the police officers, and thereby causing bodily injury to three police officers.
However, the Defendant recognized the crime of this case and opposed to it.
The degree of injury suffered by the victims is minor.
The defendant agreed with the victim H and J in the court below, and the victim I and K do not want to be punished by the victim under the agreement with the victim I and K.
In addition, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, circumstances after the crime, equity with the sentence sentenced by the co-defendant of the court below, the punishment sentenced by the court below is too unlimited and unfair.
3. As such, the defendant's appeal is with merit, and the part of the judgment below excluding the part of the costs of lawsuit against the defendant among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are the same as stated in each corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 136, 30 (Crimes of Obstruction of Performance of Official Duties) of the Criminal Act and Articles 257 and 30 (Inflicting of Bodiity) of the Criminal Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);
1. The community service order under Article 62-2 of the Criminal Act;