공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above sentence shall be imposed for two years from the date of the final judgment.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court against the Defendant is too unreasonable.
2. The crime of obstruction of performance of official duties is an offense that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus requires strict punishment, and the fact that the Defendant again committed the instant crime despite the past record of punishment several times due to the crime of injury, etc. is disadvantageous to the Defendant.
However, the defendant's confession of each of the crimes of this case and did not repeat again. The defendant deposited one million won for the police officer G and H, who is the victim of each of the crimes of obstruction of performance of official duties of this case, and one million won for the victim of each of the crimes of injury and insult, and the defendant submitted a written application for the defendant's wife prepared by the above G and H for the first time in the trial. In the case of the crime of damage to public goods of this case, the damage seems to have been recovered, the defendant's will seem to have been clearly related to the social relation of the defendant, such as the defendant's wife's desire to support the defendant, and there are other family members to support the defendant. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and result of the crime, the defendant's punishment against the defendant is somewhat unreasonable. Thus, the defendant's assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence of the defendant recognized by the court are identical to each corresponding column of the judgment of the court below. 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 (the point of obstruction of performance of official duties) and Article 136 of the same Act concerning criminal facts, respectively;