폭력행위등처벌에관한법률위반(우범자)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (6 months of imprisonment, 6 months of confiscation) on the summary of the reasons for appeal is too unreasonable.
2. The Defendant’s crime of this case is excessive to a police officer who was dispatched to the police after taking possession of excessive resources and being reported to the police officer, and the nature of the crime is heavy in light of the circumstances, means, danger, etc. of the crime.
However, in full view of the following factors: (a) the Defendant recognized the instant crime for a considerable period of time and made a mistake in living while in custody; (b) the police officer who suffered damage submitted a written application for not punishing the Defendant; (c) the Defendant voluntarily reported to 112; (d) the Defendant’s family members to support the Defendant; and (e) other various conditions of sentencing as indicated in the record and the change theory, such as the Defendant’s age, sexual conduct, environment, motive for the commission of the crime; and (c) the sentence of the lower court against the Defendant is somewhat unreasonable.
Thus, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 144(1) and 136(1) (the point of obstructing the performance of special official duties) of the Criminal Act concerning criminal facts, Article 7 of the Punishment of Violences, etc. Act (the point of carrying dangerous objects) and the choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Provisions of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act concerning the observation of and order to attend lectures;
1. Prior to the reasons for sentencing under Article 48(1)1 of the Criminal Act, the sentencing conditions as described in Article 48(1)2 of the Criminal Act shall be comprehensively considered and the sentence shall be determined as per the order.