공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The sentence of the court below (two years of suspended sentence to four months of imprisonment) on the summary of the reasons for appeal is too unreasonable.
2. The judgment of the court below interfered with the performance of official duties by putting the police officer who performed official duties, and interfered with the execution of official duties. However, although the nature of the crime appears to be against the defendant, there is no previous criminal record in the same kind of crime, the degree of violence is minor, the police officer deposited KRW 80,000 for the purpose of the crime, and taking into account the defendant's age, sex, behavior, environment, family relationship, motive for the crime, method of crime, circumstances after the crime, etc., the sentence of the court below is too unreasonable.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the defendant's appeal is reasonable.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;