위계공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. The number of the instant crimes exceeds 14 times, and the fact that the Defendant received KRW 130 million under the name of design expenses, etc., and that the amount agreed to be additionally paid exceeds KRW 260 million is disadvantageous to the Defendant.
However, considering the fact that the defendant is the primary offender, the confession and reflects each of the crimes of this case, the waiver of claims, such as design expenses, etc. after the crime, and the agreement for the return of some amount, etc., it seems that the actual profits acquired by the defendant is not much high. In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, such as the motive and circumstances of the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, etc., the punishment imposed by the court below
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 evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 137 and 30 of the Criminal Act regarding facts constituting the crime at issue; Articles 31(2)3 and 12(1) proviso of the former Act on Special Measures for Designation and Management of Areas of Restricted Development (wholly amended by Act No. 12372, Jan. 28, 2014); Articles 31(2)3 and 12(1) proviso of the Criminal Act; Articles 31(2)3 and 12(1) proviso of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Article 30 of the Criminal Act
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.