공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The defendant's judgment on the assertion of unfair sentencing between the two parties is found to be unfair in light of the following factors: (a) when driving a vehicle at a drinking level of 0.107% of blood alcohol content and discovered it in the drinking control, the defendant filed a complaint for a considerable period of time and interfered with the drinking control business of the victimized police officers; and (b) the victim E, a responsible police officer, who is the victim. Although the nature of the crime cannot be deemed to be less than that of the crime; (c) the defendant recognized the defendant's mistake and reflects his mistake; (d) the defendant has no record of criminal punishment prior to the crime of this case; and (e) other factors of sentencing as indicated in the records and arguments of this case, including the defendant's age, character and behavior, the background and means of the crime; and (e) the circumstances after the crime, etc., the punishment of the court below is somewhat inappropriate.
2. 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, and the following decision is rendered
(Inasmuch as an appeal by a defendant is reversed on the grounds of its reasoning, the prosecutor’s appeal shall not be dismissed separately). Criminal facts and summary of evidence acknowledged by the court are the same as the entries of the judgment below in each corresponding column. Thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136 (1) of the Criminal Act, Article 311 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the facts constituting an offense;
1. Articles 40 and 50-1 of the Criminal Act, and choice of imprisonment with prison labor for the choice of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;