공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
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, due to the summary of the grounds for appeal.
2. The crime of this case, which is judged, is committed by the Defendant by assaulting a police officer in the course of performing official duties and obstructing the execution of his duties, is not good in light of its contents and methods, and there is still no agreement with the damaged police officer, and the Defendant has been punished twice as the same crime. However, even though he was under the suspension of the execution of his duties, he is not aware of the fact that there is a high possibility of misunderstanding the crime of this case.
However, taking into account the favorable circumstances such as the Defendant’s age, character and conduct, environment, background and method of the instant crime, circumstance after the instant crime, criminal record relation, etc., the sentence imposed by the lower court is unreasonable in light of the following: (a) the Defendant’s attitude to reflect the instant crime; (b) the degree of assault was relatively excessive; (c) the Defendant was somewhat contingent and contingently committed in drinking; (d) deposited KRW 1 million for the victimized police officers; and (e) the Defendant’s daily life in custody for three months or longer due to the instant case; and (e) other favorable conditions of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, circumstances after the
3. As such, the defendant'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 again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown 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 Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for appeal for sentencing under Article 334(1) of the Criminal Procedure Act are as follows.