공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of probation, 120 hours of community service) of the lower court is too unreasonable.
2. The judgment of the defendant is an offense against the public authority that duly enforces the law, and thus requires strict punishment for the purpose of restoring public confidence in the public authority, and there are criminal records related to several times of violence against the defendant. However, considering the fact that the defendant recognized the crime of this case and reflects the fact that the representative of the company accompanying the defendant wants the defendant's preference, and other various sentencing conditions indicated in the records, such as the motive and background leading up to the crime of this case, the situation after the crime, and the age, character and conduct, and environment of the defendant, the sentence of the court below 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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136 (1) of the Criminal Act applicable to the crimes. Article 136 (1) of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the stay of execution;
1. Probation under Article 62-2 of the Criminal Act;