공무집행방해등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that from the date of this judgment.
1. The lower court rendered a judgment dismissing a public prosecution on the charge of assaulting among the facts charged in the instant case. The Defendant appealed from the lower judgment on the guilty portion on the grounds of unfair sentencing, and the prosecutor did not appeal.
Therefore, since the judgment of the court below to dismiss the public prosecution against the defendant becomes final and conclusive separately, the part to dismiss the public prosecution is excluded from the scope of the judgment
Ultimately, among the judgment below, only the guilty portion of the defendant belongs to the scope of this court's judgment.
2. Sentencing sentencing on the gist of grounds for appeal (the punishment of the court below shall be sentenced to six months);
3. The lower court rendered a sentence by taking into account the following circumstances: (a) the Defendant recognized the instant crime and reflects the Defendant’s violation; (b) the Defendant’s obscising of a non-discriminatory motive against police officers who properly perform official duties; (c) the nature and circumstances of the crime are bad; and (d) the degree of interference with official duties, such as continuing resistance within the patrol vehicle after having been arrested in the act of committing an act of committing an offense; and (d) the degree of interference with the performance of duties, such as continuous resistance within the patrol vehicle; and (e) there is no trace of efforts to recover damage; and (e) the Defendant’s criminal history, age, sex behavior, environment, motive and means of the offense; and (e) the circumstances after the commission of the offense.
However, in full view of the fact that the defendant did not want the punishment of the defendant under the agreement with the police officer F, G, and H as the victim of the crime that interfered with the performance of official duties of this case after the judgment of the court below was rendered, and the defendant's dependent and economic situation were somewhat changed, the sentence of the court below is somewhat inappropriate since the sentencing conditions of the court below are somewhat changed.
4. As such, the defendant's appeal is reasonable, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is once again after pleading as follows.