공무집행방해
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for six months.
However, this decision is delivered to the Defendants.
1. The decision of the court below on the summary of the grounds of appeal (ten months of imprisonment for each of the defendants) is improper because it is too unreasonable.
2. Determination: ① The Defendants, who were subject to criminal punishment due to violent crimes, up to ten times each time; the obstruction of the performance of official duties requires strict punishment in order to observe the legal order and to establish public authority; the Defendants, who dumped or dumped the police officer; and dumped or dump the police officer before the patrol; etc.; and, at the same time, took the view that the law enforcement officer was unhulled.
② However, in full view of all the circumstances such as the Defendants’ acknowledgement of the instant crime from the investigation stage to the police officer, and the Defendants’ motion was sought from the police officer (Evidence No. 60,61 page), Defendant B’s indictment was suspended due to the obstruction of the performance of official duties, and there was no record of criminal punishment for the same type of crime. ③ Other factors such as the circumstances of the instant crime, means, results, and the circumstances after the instant crime, the sentence of the lower court is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is all with merit, and the judgment below is reversed, and the following is ruled through a new theory of change.
[Re-written judgment] The summary of facts constituting an offense and evidence against the Defendants is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 136 (1) and 30 of the Criminal Act: Defendants who choose to commit the crime;
1. Defendants on a suspended sentence: Article 62(1) of the Criminal Act (see, e.g., the circumstances examined in the above 2.)
1. Defendants to observe the protection: Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;