공무집행방해
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 one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.
2. Determination: (a) there are favorable circumstances for the Defendant, such as the fact that the Defendant recognized the facts charged in this case; (b) the Defendant was the first offender without any previous conviction; (c) however, the crime in this case was under the influence of alcohol by the Defendant; (d) the Defendant committed assaulted three times by the police officer who called out after receiving the report of 112; and (e) the need to strictize it in order to protect the State’s legitimate performance of duties and to establish sound social order; and (e) in light of the circumstances leading up to the instant crime, the degree of assault, and circumstances after the commission of the crime, etc., the Defendant was unsatisfy and the Defendant did not receive a letter from the victimized police officer; and (e) taking into account all the sentencing conditions specified in the records and arguments, such as the Defendant’s character, conduct, environment, etc., the Prosecutor’s assertion has merit.
3. As such, 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 as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;