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 main point of the grounds for appeal is that the lower court’s punishment (one million won of fine) is too unreasonable.
2. In light of the following: (a) review of the judgment; (b) review of the sentencing factors favorable to the sentencing factors that are favorable to the Defendant, as seen in the judgment of the court below; and (c) review of the sentencing factors favorable to the Defendant, as seen in the judgment of the court below, the sentence of the court below is unreasonable in light of the following: (a) the Defendant’s ability to use the sentencing factors is not restricted; and (b) the victimized police officers
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;