공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 9,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (six months of imprisonment) is too unreasonable.
2. The crime of this case is acknowledged that the crime of this case was committed not only by the victim police officers who want to grow on the floor of the parking lot due to verbal abuse, but also by the use of force by the victim police officers even though the defendant was called for, and thus, the nature of the crime is not good in light of the circumstances and methods of the crime. In the case of the crime of obstructing the performance of official duties, it is necessary to establish the state's legal order and punish the public authority in order to eradicate the situation of the crime, and there is a history of criminal punishment, including violence-related crimes, and the defendant committed the crime of this case without being aware of the fact that he was sentenced to a suspended sentence of imprisonment for a crime of this case.
However, the Defendant recognized the entire crime of this case, and committed the crime of this case by contingency while under the influence of alcohol, seems to have committed the crime of this case, the degree of damage suffered by the victimized police officers is relatively heavy, there is no record of criminal punishment due to the crime of interference with the performance of official duties, E from the investigation stage, the damaged police officers wanted the Defendant's wife, the victim police officers were living in the court, there was a mutual agreement between all and the damaged police officers, there is a family member to support, the Defendant's family member and his sibling wanted to have the Defendant's wife again, and their personal social relation seems to be duplicated, the Defendant's family member and his sibling had been living in custody for two months again due to the crime of this case, and the execution of the sentence is to be carried out by adding up until the punishment for which the suspended sentence of imprisonment, which became final and conclusive as a result of the crime of this case, in view of the nature of the crime of this case or the attitude of the Defendant.