공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The sentencing of the lower court (eight months of imprisonment) is too large and unfair.
2. It is recognized that the defendant committed each of the crimes of this case during the period of repeated crime, etc.
However, in full view of the following circumstances: (a) the Defendant recognized each of the crimes in this case as a whole, and thereby reflects the Defendant’s mistake in depth; (b) F and E wanting the Defendant’s wife; and (c) the Defendant’s age, character and conduct, intelligence and environment; (d) motive, background, means, methods, and consequences of the crime; and (e) the circumstances before and after the crime; and (e) the criminal records, etc., the sentence imposed by the lower court is somewhat unreasonable; (b) thus, the Defendant’s assertion of unfair
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is based on its reasoning, and it is again decided as follows.
Criminal facts
The substance of the facts charged and the summary of the evidence recognized by this court are as shown in the corresponding column of the judgment of the court below, except where "G" in Part 6 of Part 2 of the judgment of the court below is deemed as "E". Thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136 (1) of the Criminal Act concerning the crime concerned;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act among repeated crimes;