특수공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a year of imprisonment, two years of suspended execution, two years of social service, 200 hours of confiscation) is deemed unreasonable.
2. Determination
A. It is recognized that the accused is against the confession of the crime, and that the accused has no record of the same crime.
B. However, the Defendant committed a crime, such as threatening a police officer performing official duties with a deadly weapon, and in light of the background and risk of the crime, etc., the crime is very bad in view of the crime, the crime of obstructing the performance of official duties requires strict punishment as a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and the sentencing guidelines is between one year and four years, and other circumstances that are conditions for sentencing specified in the argument of the instant case, such as the Defendant’s age, the background of the crime, and the circumstances after the crime, etc., the lower court’s punishment is deemed unfair as it is deemed unfair.
Therefore, the prosecutor's above assertion is justified.
3. In conclusion, the prosecutor'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 so decided as follows through a new theory of change.
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. Relevant Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Articles 144 (1) and 136 (1) of the Criminal Act that choose a penalty;
1. Article 62 (1) of the Criminal Act (the above provision);
2. (a) Normal circumstances favorable to the entries in the port;
1. Protective observation and community service order under Article 62-2 of the Criminal Act;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;