공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
The prosecutor asserts that the sentence of the court below is too uneasible and unreasonable as the grounds for appeal of this case.
In full view of all the sentencing conditions shown in the records and arguments of this case and the criminal defendant's criminal records of the same kind, the court below's punishment is too uneasible and unfair.
Therefore, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (including the fact that there is no criminal record of imprisonment without prison labor or heavier punishment);
1. Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act;