공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The crime of this case committed by the Defendant, while under the influence of alcohol, assaults another person without any justifiable reason during the period during which the Defendant was under suspension of execution, and assaults the police officers dispatched after receiving a report on 112, thereby causing bodily injury, and then was arrested as an act in the act of committing an act of committing an act of violence and damaging the object to the district, and the occurrence of no agreement with the victims is disadvantageous to the Defendant.
However, in full view of the following circumstances: (a) the Defendant made confession of the instant crime while committing the instant crime; (b) the instant crime was committed contingent; (c) the degree of damage is relatively minor; (d) the victim F and G deposited KRW 500,000 each with the victim F and G in the trial; and (c) the Defendant’s age, character and conduct, environment, motive or circumstance of the instant crime, means and consequence; and (d) other circumstances that are conditions for sentencing, such as the circumstances after the commission of the instant crime, it appears that
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 141 (1) of the Criminal Act, and Article 141 (1) of the Criminal Act, as to the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of performance of official duties and the crimes of injury, and the punishment imposed on each of the crimes of grave injury shall be punished);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;