공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The defendant used violence against the police officers dispatched by the defendant to interfere with legitimate execution of official duties.
In 2014, the defendant was sentenced to four years of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and completed the execution of the sentence, and committed the crime of this case during the period of repeated crime.
Defendant has been subject to criminal punishment several times for violent crimes, and there are many criminal convictions due to this type of crime.
However, there are the following favorable circumstances for the defendant.
The defendant is under detention in the court below and the defendant is living in custody for two months before the decision of release on bail is made in the court below.
The defendant seems to have caused the crime of this case by drinking and contingently.
The extent of assault by the defendant against damaged police officers is relatively minor.
The defendant is seeking the defendant's wife by mutual consent with the damaged police officer in the trial of the party.
The family members of the defendant have tried to separately prevent the defendant from re-offending, and seek the defendant's prior action.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment is too unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.