폭행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for up to seven months.
1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.
2. It is recognized that the defendant made a confession of all of the crimes.
However, in light of the form of each of the crimes of this case and the applicable law, etc., the punishment of the defendant is heavy, and the defendant has the history of having been sentenced to juvenile protective disposition and fine and punishment several times due to the same violent crimes, and committed repeatedly each of the crimes of this case without being aware of the period of repeated crime due to the same kind of crime, and the victim police officers failed to agree with the victims and did not receive a letter, and other factors of sentencing as shown in the arguments of this case, such as the defendant's age, sex and behavior, environment, motive, means and consequence of each of the crimes of this case, etc., it is recognized that the punishment of the court below sentenced is unfair because it is too small.
3. Accordingly, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The substance of the facts charged and the summary of the evidence admitted by this court are as follows: (a) except for deletion of “a final and conclusive judgment on February 3, 2017,” the first head part 1 and 2 of the criminal history of the judgment of the court below, as stated in the corresponding column of the judgment of the court below, the summary of the facts charged and the relevant evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) of the Criminal Act, the choice of imprisonment for each crime;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment stipulated for the most serious crime of interference with business);