공무집행방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
A fine shall not be paid by the defendant.
1. Determination of the summary of the grounds for appeal (unfair punishment) and the amount of punishment (two years of suspension of execution in six months of imprisonment, and eight hours of community service) is unreasonable;
2. The sentence imposed by the court below is within the scope of the applicable sentencing range and the recommended sentencing range according to the attached sentencing guidelines (one month to one month).
However, the circumstances agreed with police officers G were not reflected in the appellate court.
In addition, if the sentencing factors are reviewed again, the amount of the original sentence is deemed unreasonable.
3. The appeal by the defendant is justified.
Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant Article 136(1) of the Criminal Act and Article 366 of the Criminal Act (the point of obstruction of performance of official duties, the choice of fines), and Article 366 of the Criminal Act for the crime;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;