특수공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Nos. 1, 2, and 3 of seized evidence from the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment and evidence Nos. 1, 2, and 3) is too unreasonable (the Defendant completely withdrawn the remainder of the grounds for appeal on the first trial date of the first trial of the lower court). 2. The instant crime committed by the Defendant who threatened public officials in order to achieve his/her demand when he/she was refused to make an unfair demand by the public officials in charge of the welfare of the Pyeongtaek-gun Office, and thereby by which he/she threatened public officials in order to achieve his/her demand is inappropriate in light of his/her intention, circumstance, and risk, etc.
However, the defendant seems to have been in an uneasy mental state due to the depression, etc., the defendant's miscompetence against the defendant's miscompetence, and the degree of intimidation made by the defendant is serious.
In consideration of all the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the fact that it is difficult to see, rather than punishing the defendant, the victim H is a sound member of society, and the defendant does not have a criminal record exceeding the same kind of punishment or fine, and it appears that a certain social relation has been established with the person who committed the crime, etc., the sentence of the court below is recognized as unfair due to the negligence of the court below.
Therefore, the defendant's argument of sentencing is justified.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.
[Grounds for the judgment below] The summary of facts constituting a crime and evidence recognized by the court below is identical to each corresponding column of the court below's judgment, except that the defendant's partial statement "F" as "C" and the summary of evidence as "1. The defendant's own court statement" as "1. The defendant's own court statement" in Article 369 of the Criminal Procedure Act is cited as it is, therefore, the summary of facts constituting a crime and evidence acknowledged by the court below.
Application of Statutes
1. Article 144(1) and Article 136(1) of the Criminal Act, the applicable provision of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.