공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and fine of six hundred thousand won) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor, in the trial of the case, applied for amendments to the indictment with the contents of deletion of the part of the defendant's name of the crime, "violation of the Punishment of Minor Offenses Act", "Article 3 (3) 1 of the Punishment of Minor Offenses Act" among applicable provisions of the Act, and "in the course of sobing or sculing by very rough words and actions at government offices while under the influence of alcohol," and "the act of the defendant's obstruction of performance of official duties in the case of this case and the act of the principal cancellation at government offices which are the offense of this case, are the same place of the crime and almost the same date and time of the crime, and it can be recognized that the defendant under the influence of alcohol is a series of acts of assaulting police officers by avoiding the disturbance of noise in the D Zone of the Jeju East Police Station, and the basic facts are identical. Thus, it is reasonable to deem that both facts are identical.
As the subject of the judgment was changed, the judgment of the court below became unable to be maintained as it is.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.
[Judgment of the court below]
1. 2016. 6. 17.자 범행 피고인은 2016. 6. 17. 01:47경 제주시 C에 있는 제주동부경찰서 D지구대에 술에 취해 찾아가 출입문을 주먹으로 세게 수회 치고 경찰관 E에게 “야 나 공방 이틀 남았다 씹할 개새꺄, 나랑 맞장 뜨자, 씹할 놈아. 나와 E 개새끼야.”라고 소리치면서 위 E의 가슴에 신분증을 집어던지고 체포된 뒤에도 발로 의자를 걷어차고 계속 욕설하였다....