업무방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Each of the instant crimes committed by the Defendant interfere with the restaurant business by avoiding disturbance in the restaurant, and assaulting the police officers dispatched after receiving a report, and the nature of the offense is not somewhat weak.
In 2011, the defendant has been punished several times for violent crimes, including being punished by a fine for obstructing the performance of official duties.
This is disadvantageous to the defendant.
However, it is against the defendant's wrong recognition when the defendant is in a serious mind.
The degree of force exercised in the crime of interference with business or the degree of violence exercised in the crime of interference with the performance of official duties is relatively weak.
In the judgment of the court below, the employees of the damaged restaurant and the owner of the business agreed smoothly with the damaged restaurant, and the damaged police officer does not want the punishment of the defendant.
In addition, the defendant's age, sexual conduct, environment, motive, means, consequence, etc. of the crime in this case, the sentencing conditions as shown in the argument in this case, and the scope of the recommended punishment according to the sentencing guidelines set by the Supreme Court's sentencing committee applicable to this case / [the scope of the recommended punishment / [the scope of the recommended punishment ] The mitigated area (one month to eight months) / [the special mitigated person] the mitigated area (including a serious effort to recover damage) / [the scope of recommended punishment ] the mitigated area of the mitigated area (one month to eight months) / [the scope of the recommendation] the mitigated area of the mitigated area (one month to eight months) / [the mitigated person] the mitigated area of the mitigated area of the punishment (one month to one month and where serious injury occurred) : January 1 to year 1, etc., the final sentencing scope of the punishment sentenced by the court below is too unfair.
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 judgment below is ruled as follows.
Criminal facts
this Court recognizes the substance of the evidence and the summary thereof.