공무집행방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. In particular, the Defendant committed the instant crime during the period of suspended execution, even though he/she was sentenced to imprisonment for six months due to a violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) on September 27, 2013, and was sentenced to two years of suspended execution on September 27, 2013, and the extent of the instant assault that the Defendant used and the degree of damage therefrom are not provided against the Defendant’s disadvantage.
However, in light of the circumstances such as the fact that the defendant recognized the crime of this case and is against the law (the defendant was investigated and tried under the custody of five months), the court below deposited 5 million won in the court below for the recovery of damage, and the additional 1 million won in the court below for the recovery of damage, and the defendant's family members after this case were sent to the victim a letter of favor, and the victim was able to use the defendant and shot the defendant as the victim for the crime of obstruction of performance of official duties, there is no history of punishment for the crime of obstruction of performance of official duties, and there is no history of social relation between the defendant and his family members, and there is a family member who should support the defendant, and there is a family member who should support the defendant, the court below's imprisonment is too unfair (6 months).
2. 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.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
The laws and regulations;