공무집행방해등
1. The judgment below is reversed.
2. Defendant shall be punished by a fine of KRW 7,000,000.
3. The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two months of imprisonment, two years of suspended sentence, and one hundred and sixty hours of community service order) is too unreasonable.
2. The instant crime committed by the Defendant was committed by assaulting the Victim F and G, and assaulting the police officer I dispatched upon receiving a report, and thus obstructing the legitimate performance of official duties. The case is not less exceptionally, and the crime of obstruction of performance of official duties requires strict punishment on the ground that the crime of obstruction of official duties is an infringement upon legitimate public authority.
However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) there is no record of a crime subject to punishment heavier than a suspended sentence or imprisonment; (c) the victim F and G in the trial; and (d) deposited KRW 500,000 for the police officer I; and (c) other circumstances, such as the Defendant’s age, character and conduct; (d) the background, means and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.
3. If so, the defendant'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 the following is ruled again after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each 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. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of penalties for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;