공무집행방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, one year of suspended execution, one hundred and sixty hours of community service) of the lower court is too unreasonable.
2. The defendant's act is an offense against the public authority that duly enforces the law, and requires strict punishment for the recovery of public confidence in the public authority. However, the defendant's act recognizes the crime of this case and reflects the fact that the defendant deposits 560,000 won to restore damage caused by the damage of public goods, the defendant's work as a public official in personal arms, and the defendant's act as a public official in personal arms, the reason for ex officio dismissal is that the suspension of execution of imprisonment becomes the reason for ex officio dismissal, the defendant's work bonus is the first offender, the defendant's primary offender is the defendant's age, character and behavior, the motive, means and consequence of the crime, and various sentencing conditions indicated in the records, such as the defendant's age, character and behavior, environment, the motive and consequence of the crime, the circumstances after the crime, etc. are considered to be unfair.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in 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 provisions of the Criminal Act, the choice of punishment for the crime, Articles 136 (1) and 141 (1) of the Criminal Act (the point of obstructing performance of official duties), and the choice of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;