공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The main point of the grounds for appeal is that the lower court’s punishment (7,000,000 won) is deemed unreasonable as it is excessively unhued.
2. The crime of this case is not deemed to have been committed in a case of assaulting and assaulting a police officer who prevents the defendant from wearing a plaque without paying the value of food.
The Defendant had been sentenced to four times of punishment, three times of suspended execution, and 19 times of fine due to violent crimes, and even he was aware of the crime of this case even during the period of repeated crime, and again committed the crime of this case.
In order to establish the law and order of the State and eradicate the public peace, it is necessary to severely punish a crime that interferes with the performance of official duties. On the other hand, the defendant is habitually repeating and repeating violent crimes in light of the law and the defendant is not subject to strict liability corresponding thereto.
In full view of the circumstances favorable to the defendant, such as the confession of the crime of this case and the appearance of reflecting the circumstances favorable to the defendant, the age, sex, environment, the background and result of the crime of this case, etc., the punishment imposed by the court below is too uneasible and unreasonable.
3. In conclusion, 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.
【Judgment in Seoul Northern District Court sentenced the Defendant to four months of imprisonment for an injury on January 20, 2017 and completed the execution of the said sentence on April 6, 2017.
“Along with the addition of “1. Investigation Report on Criminal Records as indicated in the judgment of the court below (Attachment to the same type of judgment, etc. and confirmation of repeated crimes),” and the text of the evidence, it is identical to each corresponding column of the judgment of the court below.