공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (defendants) by the lower court is too unreasonable.
2. The issue of the instant crime, which was threatened by phone number of the police box via a civil petition number of the police box over 15 times on the ground that the Defendant received the assault case that the Defendant committed, is not easy to commit the instant crime; the Defendant committed the instant crime during the period of suspension of execution due to the crime of obstruction of performance of official duties; and the Defendant did not receive the manual of the victimized police officer.
On the other hand, the defendant reflects the defendant's wrong, and the crime of this case was committed by making several calls at the police box to take a bath or resist, and the defendant did not directly harm the body, etc. of the police officer, and the degree of obstruction of performance of official duties does not seem to be serious enough. Although the defendant had been punished for violent crimes several times, the defendant had been punished for both crimes related to the suspension of execution and was punished for the crime of obstruction of performance of official duties, the records of the crime of obstruction of official duties, other than the above suspension of execution, are the criminal records before the suspension of execution, and there was no record of punishment for violent crimes from 2007 to 2017, etc. are advantageous.
In full view of these circumstances, all of the sentencing conditions and the scope of the recommended punishment according to the sentencing guidelines as shown in the instant argument, the lower court’s punishment is deemed to be too unreasonable.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of criminal facts;