공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 6,000,000.
A fine shall not be paid by the defendant.
1. The grounds for appeal are the reasons for appeal of the defendant and the prosecutor's appeal that it is unfair because it is too unreasonable that the punishment (4,00,000 won in penalty) set by the court of the original instance as to the gist of the grounds for appeal is too unreasonable.
2. The judgment of the defendant seems to have led to the confession and reflect on the crime, and there is no record of the crime.
It seems economically unsured and unsured.
However, the criminal liability of the defendant is not against the law.
Three fixed-time police officers have been unable to perform their official duties by exercising violence, etc., and the degree of bathing and physical strength is serious.
In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc., the sentence of the court below is considered to be unfair and unfair.
3. In conclusion, the prosecutor's appeal is reasonable, and therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the decision is rendered as per Disposition for the following reasons through a new theory of change (the defendant's appeal shall not be accepted, but the decision shall not be indicated separately in the order). 【The grounds for the judgment which is used again] The facts constituting a crime and the summary of evidence recognized by the court and the summary of evidence are the same as the corresponding columns of the judgment of the court below. Thus, it is cited as it is in accordance
Application of Statutes
1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;