공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of eight million won.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. The judgment has a record of having been sentenced to criminal punishment, such as the fact that the defendant's attitude taken by the investigative agency is considerably poor, and that the defendant has been sentenced to criminal punishment, such as suspended execution, on a one-time basis. The crime of this case is committed during the suspended execution period, which is disadvantageous
However, in full view of all the circumstances such as the Defendant’s confession, character and behavior, environment, occupation, circumstances leading to the instant crime, and circumstances after the instant crime, there seems to have been somewhat misleading misunderstandings on the circumstances, and the Defendant deposited one million won for police officers D at the lower court. The Defendant was detained by the lower court and was detained for more than three months, and the Defendant was detained for more than three months, and the Defendant’s age, character and conduct, occupation, circumstance leading to the instant crime, details, and circumstances leading to the instant crime, etc., the sentence of the lower court is unreasonable.
Therefore, the defendant's argument is justified.
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 is with merit.
Criminal facts
The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;
1. The grounds for the reversal of the reasons for sentencing of Articles 70 and 69(2) of the Criminal Act are as shown in the reversal of the above.