공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below on the summary of the grounds for appeal (the penalty amount of KRW 3,00,000) is too unreasonable.
2. In full view of the following: (a) the Defendant recognized the instant crime; (b) the type and force of the Defendant’s use is against the Defendant’s perception of the instant crime; (c) the Defendant did not focus on putting the back door of the patrol car or harming the shoulder of the police officer; (d) the victimized police officer wanting to take the Defendant’s seat; (c) the Defendant was the first offender; and (d) appears to have faithfully been making efforts with the aim of the maritime police; and (e) other various sentencing conditions as indicated in the records and theories of the instant case, including the Defendant’s age, sex, and environment, the sentence imposed by the lower court is unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. The reasons for the reversal of the sentence under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention of the workhouses shall be determined by taking into account these circumstances into account.