공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is unreasonable.
2. Although the crime of this case cannot be deemed to be less than that of obstructing official duties in the course of assaulting a public official who maintains his occupation, the punishment of the court below is inappropriate by taking into account all the following factors: (a) the confession of the crime and the depth is divided by the defendant; (b) the circumstance leading up to the crime by reporting the removal of his occupation and occupation, which is the living means of the defendant; (c) the degree of assault is not serious; (d) there is no same kind of criminal power; (c) the defendant has no economic difficulty; and (d) there are various sentencing conditions that are shown in the records and arguments, such as the circumstances after the crime of this case, the defendant’s occupation, career, environment, etc.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered after pleading
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act and Articles 136 (1) and 30 (Selection of Fine) of the Criminal Act concerning facts constituting an offense;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;