공용물건손상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. In light of the gist of the grounds for appeal by the Defendant (unfair form of punishment) and the fact that the Defendant commits the instant crime by contingency under the influence of alcohol, the sentence of the lower court that sentenced one year to imprisonment is too unreasonable.
2. The judgment of the court below is against the defendant's wrong, the damage recovery was made against the crime of damage to public goods of this case, and the police officer who was assaulted did not want the defendant's punishment. In light of the motive and background of each of the crimes of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and behavior, the environment, etc. as shown in the records and arguments of this case, the court below's punishment of the court below is deemed to be unfair
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article 141 (1) of the Criminal Act as to the facts constituting an offense and the point of damage to public goods: Article 136 (1) of the Criminal Act as to the obstruction of performance of official duties in the judgment of Article 141 (1) of the Criminal Act;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;