공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of eight million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal (unfair sentencing) is that the lower court’s sentence against the Defendant (the imprisonment of eight months and the suspended sentence of two years) is too unreasonable.
2. The Defendant had a record of being punished for a fine of KRW 4 million due to interference with the performance of official duties in 2015, and the Defendant appears to have revealed violent inclinations at the time of drinking. The instant crime also committed an act of assaulting the police who called out to the scene of domestic violence under the influence of alcohol, etc. is disadvantageous to the Defendant.
However, in full view of the following circumstances: (a) the Defendant recognized a criminal act; (b) the Defendant was a person with visual disability 1 who intentionally does not seem to have assaulted the eye of the police; (c) the Defendant’s operation of the massage Force and support his wife and two children; (d) the Defendant did not have any criminal record exceeding the fine; and (c) other circumstances, including the Defendant’s age, sex, sex, environment, occupation, property, motive, means and consequence of the crime; and (d) the sentencing conditions specified in the instant records and arguments, such as the circumstances after the crime, are unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act is to be determined as ordered in consideration of the various circumstances as seen in the grounds for reversal prior to the reasons for reversal.