공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal asserts that the court below's imprisonment (six months of imprisonment) is too unreasonable.
2. Each of the instant crimes committed by the Defendant, which interferes with the legitimate performance of duties by police officers, and at the same time, injures the victim and damages the victim’s property, is disadvantageous to the Defendant.
However, considering the fact that the victim does not want the punishment of the defendant, the defendant has no record of punishment other than the punishment imposed once due to the violation of the Road Traffic Act, and the fact that the defendant reflects his mistake, etc. in favor of the defendant, the defendant was detained for more than one month in consideration of the circumstances favorable to the defendant. In addition, taking into account the following circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the court below's punishment is unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 136 (1) of the relevant Act on the Punishment of Criminal Crimes (the point of obstructing performance of official duties), Article 257 (1) of the Criminal Act, and Article 366 of the Criminal Act;
2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes.
3. Selection of each sentence of imprisonment;
4. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act.
5. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);