공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (7 million won in penalty).
2. The crime of this case is a case where the defendant obstructed the legitimate execution of duties by police officers, and the nature of the crime is not good, and is disadvantageous to the defendant.
However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, motive, means, consequence, etc., the punishment imposed by the court below is deemed to be unfair and unfair, and therefore, the defendant's argument of sentencing is justified. The defendant's argument of sentencing is justified. The defendant's argument of sentencing is justified. The defendant's ground of appeal is justified. The defendant's ground of appeal is with merit.
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, and the judgment below is ruled again as follows.
【Grounds for another judgment】 The facts constituting the offense against the defendant recognized by the court and the summary of the evidence are identical to the facts constituting the offense in the judgment below, and thus, the summary of the evidence is cited pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;