공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is unreasonable by the lower court’s imprisonment (eight months of imprisonment).
2. The judgment of the Defendant, on the ground that the victims, who are female women, refuse to act in concert with the Defendant, assaulted the victims and injured them, and assaulted the police officers who wear the uniform called upon receiving a report, which is not good, and the Defendant was punished several times for the same criminal convictions, and committed again the instant crime even if he was given the prior notice of the suspension of execution for the same offense even in around 2011, is an unfavorable sentencing factor against the Defendant.
However, in full view of the factors of sentencing favorable to the defendant and other various factors of sentencing indicated in the records of this case, such as the fact that the defendant fully recognized the crime of this case, the defendant's mother and other family members such as the defendant's mother want to lead the defendant not to repeat the crime of this case, the defendant wanted to take the defendant's wife, and the defendant agreed with the victimized female police officers in the original trial, and agreed with the damaged female in the first instance trial, etc., the
3. 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.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 257 (1) and Article 136 (1) of the Criminal Act, respectively;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act;
1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Article 62 (1) of the Criminal Act on probation;
1. Probation;