공무집행방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of four million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.
2. The judgment is favorable to the defendant, such as the recognition of the crime of this case as a primary offender and the reflection of his mistake, and the fact that the defendant deposited KRW 2.5 million for the victimized police officer.
However, after the defendant was arrested by the police officer who was dispatched to the hospital located in C in Southyang-si, and was arrested by the police officer who was dispatched to the police station after receiving 112 report, the police officer demanded him to board the police station to take custody of the police station to interfere with the performance of his duties and thereby interfere with the performance of his duties, and thereby, the defendant inflicted an injury on the police officer who suffered from the crime. The fact that the nature of the crime is not easy, that the defendant did not agree or receive a letter with the damaged police officer, that the defendant did not agree with the damaged police officer or did not receive a letter, and that it is necessary to punish the police officer for light of the public power.
In full view of such circumstances and other factors of sentencing as the Defendant’s age, sex, occupation, environment, motive, means, and consequence of the crime, etc., the sentence imposed by the lower court is deemed to be too uneasible and unfair.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious bodily injury);
1. Selection of an alternative fine for punishment;
1. Article 70 of the Criminal Act to attract a workhouse.