공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The sentence of a fine of KRW 3 million imposed by the lower court is too uneased and unreasonable.
2. The judgment of the court below acknowledged the facts charged of this case and there is no criminal conviction exceeding the fine of the defendant, but it is recognized that the crime of this case was committed by the defendant while under the influence of alcohol and assaults the police officer called out by him, and there is a need to be strict in order to protect the State's legitimate performance of duties and establish a sound social order. The defendant was arrested as an offender in the crime of this case and insulting the police officer with a desire not to continuously join the police force, and the degree of the exercise of the violent act of this case is not less easily, and the defendant was punished by a fine due to the crime of injury, and there is a criminal offense other than the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., the court below's punishment is too uneasible and unfair. Thus, the prosecutor's assertion has merit.
3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as that of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136 (1) of the Criminal Act concerning the crime concerned;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
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. Article 62 (1) of the Criminal Act (Consideration of the favorable circumstances in the preceding);