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 instant crime of this case requires strict punishment for the Defendant, considering the following: (a) the Defendant, without the intention of payment, ordered alcohol and alcohol; (b) the Defendant inflicted six-way injury upon a police officer upon the police officer after voluntary commission of the crime; (c) the nature of the crime was serious when considering the circumstances and degree of damage; and (d) the Defendant had a record of criminal punishment several times due to past violent crimes.
However, in light of the fact that the Defendant led to the instant crime, the Defendant agreed with the victim D, and the Defendant made efforts to recover damage by depositing KRW 2 million for the victim H of the victimized crime, the Defendant did not have any record of criminal punishment exceeding the fine, and other various sentencing conditions as shown in the instant argument, including the Defendant’s age, character and conduct, and family environment, the sentence imposed by the lower court is somewhat unreasonable.
Therefore, the defendant's argument is justified.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury)
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution;