폭행등
The judgment below
The guilty part shall be reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall be imposed on the defendant.
1. Of the facts charged in the instant case, the lower court rendered a conviction on the charge of assault, which was dismissed, and sentenced to the charge of obstructing the remaining duties, obstructing the performance of official duties, and violating the Punishment of Minor Offenses Act, and only the prosecutor appealed on the guilty portion.
Therefore, since the dismissal part of the judgment of the court below against which the prosecutor and the defendant did not appeal is finalized, it is limited to the guilty part of the judgment of the court below.
2. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (4 million won in penalty) imposed by the court below is too unfased.
3. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the crime of this case, agreed with the victim of interference with business, deposited 1.5 million won for the victim police officer, and did not have any record of punishment for violent crime since 1996.
However, the crime of this case interferes with the operation of the restaurant of another person while under the influence of alcohol by the defendant, and the disturbance was committed twice in the police room on duty of the police, and the crime of interference with the performance of official duties, such as this case, is required to be strictly punished in order to establish the state's legal order and eradicate the light of public authority. The defendant uses physical power against the victimized police officer in an intentional and aggressive manner, such as the defendant's age, sexual conduct, motive, means and consequence of the crime of this case, and circumstances after the crime, etc., comprehensively taking into account all the various circumstances, such as the defendant's age, sexual behavior, motive and consequence of the crime of this case, and the circumstances after the crime, etc., the sentence of the court below is unfair.
However, in consideration of the favorable circumstances mentioned above, the court below's fine shall be maintained as it is.
4. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the new theory is reversed.