공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable;
2. The judgment is an unfavorable circumstance to the defendant, such as the fact that the defendant had already been punished as a like crime, but again left to the crime of this case, and that the defendant is unable to have good conditions after the crime, such as avoiding disturbance after the arrest of the criminal in the act of crime.
However, in light of the circumstances, the court below sentenced the defendant to a punishment is somewhat unreasonable, taking into account the following factors: (a) the defendant's very rough and bad family environment has grown, and (b) he tried to fluorly depend on self-divated drinking; and (c) such habits seems to have failed to control the body by himself and had an excessive speech and behavior; and (d) the case also committed an act of drinking and contingently committed an act of drinking while engaging in a dispute with male-gu who has taught for four years; and (c) the defendant has committed an act of brupting alcohol during the period of detention, and thus, (d) the defendant is able to avoid the seriousness of alcohol addiction and refrain from drinking. Therefore, the court below's decision that sentenced the defendant to a punishment seems to be somewhat unreasonable, taking into account the circumstances, such as the need to give an opportunity to do so.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of insult and the choice of imprisonment) of the relevant criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The circumstances favorable to the “reasons for destruction” under Article 62(1) of the Criminal Act are as follows.