모욕등
The judgment below
The guilty part of the defendant A and the part of the defendant B are all reversed.
Defendant
A Fines 6,000.
1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below is too unreasonable (defendant A: 6 months of imprisonment, 2 years of suspended sentence, 120 hours of community service order, 4 months of imprisonment).
2. The judgment of the Defendants interfere with the performance of duties by using violence against police officers, and the nature of the crime is not somewhat weak, and the Defendants were a large number of criminal offenses, and Defendant B committed the instant crime even during the suspension of the execution of imprisonment, which is disadvantageous to the Defendant.
However, Defendant B’s crime was promoted by Defendant A, and the degree of assault is not severe, and the Defendants are contrary to the recognition of the mistake, the security guards F out of the dispatch police officer did not want the punishment against the Defendants at the lower court, and the police officer G out of the dispatch police officer did not want the punishment against the Defendants at the lower court. Of the dispatch police officers, the police officer G does not want the punishment against the Defendants at the lower court is favorable to the Defendants.
In full view of the Defendants’ age, sexual conduct, means and consequence of the commission of the crime, the circumstances and background of the crime, the balance of sentencing, and all other sentencing conditions shown in the records and arguments in this case, the sentence imposed by the court below on the Defendants is deemed to be unfair because the sentence imposed by the Defendants is too unreasonable. Thus, the Defendants’ assertion is justified.
3. In conclusion, the defendants' appeal is with merit, and the part of the judgment of the court below against the defendant A and the part of the defendant B among the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Defendant A of the pertinent Article of the Criminal Act concerning criminal facts: Defendant B of Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties)