공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The defendant does not pay the above fine.
1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.
2. The crime of this case is committed in favor of the defendant, which prevents the police officer from performing his legitimate duties, and is not good. However, the fact that the defendant repents and reflects the wrong, and that the defendant is an initial criminal without a previous criminal record is favorable to the defendant.
In full view of such circumstances as well as the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with 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 stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions as set forth in the above order shall be determined by comprehensively taking account of the following factors.