공무집행방해
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 (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.
2. The judgment of the Defendant interfered with the performance of official duties by assaulting a police officer who prevents a disturbance in a park under the influence of alcohol, and thus, the nature of the crime is not weak in light of the content and circumstances of the crime.
Furthermore, it is necessary to impose strict liability on the defendant in that the defendant has been punished several times due to the same kind of crime in the past, and that he again committed the crime of this case during the suspension of the execution of official duties and the period of protection observation, such as interference with the execution of official duties.
However, in full view of the fact that the defendant's mistake is recognized and speaked against the defendant, that the damaged police officer and the defendant want not to be punished against the defendant, that the defendant faithfully committed the previous crime prior to the instant case, that the defendant is deemed to have faithfully performed the observation of the protection according to the previous crime, that the defendant should be actively treated with respect to the evidence of alcohol in the future, that the defendant was dismissed from his workplace due to the instant case, and that the defendant was placed in an economically difficult place, and that other various sentencing conditions shown in the arguments and records, such as the defendant's age, sexual behavior, environment, and circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the judgment below is ruled as follows after pleading (the prosecutor's appeal is without merit, but the prosecutor's appeal is not dismissed in the order as long as the judgment of the court below is accepted by the defendant's appeal and the judgment of the court below is reversed). [Judgment used again] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and evidence, and thus,