공무집행방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the following: (a) the summary of the grounds for appeal (unfair sentencing) recognizes the instant crime and reflects the fact that the Defendant committed the instant crime.
2. The fact that the Defendant had been subject to criminal punishment several times, and the Defendant committed the instant crime during the suspension of execution is disadvantageous to the Defendant.
However, in full view of the following: (a) the Defendant recognized the instant crime; (b) the Defendant has reached an agreement with the victim of the instant crime interfering with the performance of official duties and the victim police officers who interfered with the performance of official duties in the trial; (c) the Defendant appears to have given a certain degree of opportunity to reflect by committing the instant crime through a prison life for more than three months; and (d) the Defendant’s age, sex, environment, family relationship, family relationship, family environment, circumstances after the commission of the instant crime, and various sentencing conditions as shown in the record and the changed theory, such as the circumstances after the commission of the instant crime, are deemed unfair, and thus, the above argument by the Defendant is reasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded to the court below as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act (the point of obstructing the performance of official duties) and the selection of fines for the crime;
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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Comprehensively taking into account the factors of sentencing prior to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment is determined as ordered by the Criminal Procedure Act.