공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
1. Determination of the summary of the grounds for appeal (unfair punishment for six months) shall be inappropriate;
2. The sentence sentenced by the court below is within the recommended range of punishment according to the sentencing guidelines (from June to April).
While considering the sentencing factors favorable to the recognition of the defendant's crime, the punishment was determined by considering the criminal records of the defendant's crime of violence and obstruction of performance of official duties, circumstances after the crime.
However, the defendant had expressed his attitude to repeatedly reflect his fault in the appellate court, and the son, including the defendant's wife, want the defendant's prior position.
The health condition is also not good.
In addition, when reviewing the sentencing factors, the amount of the original sentence is recognized as inappropriate.
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. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act;