공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.
2. In light of the following facts: (a) the Defendant’s act is an unfair infringement against public authority; (b) the nature of the offense is not against the public authority; (c) the criminal records of the same kind of fine are deemed to have been only one time; (d) the Defendant appears not to have obtained a conclusive perception that the Defendant would commit an assault against the police officer in light of his drinking condition at the time of the Defendant; (c) the Defendant is divided into his mistake; (d) the Defendant paid compensation to the victimized police officer for damages when the Defendant was in the trial; and (e) the damaged police officer does not want the Defendant’s punishment; and (e) the Defendant has no record of punishment other than the above criminal records.
3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the subsequent judgment is rendered as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court are the same as that of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;