공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds for appeal (two years of the suspended sentence of imprisonment for eight months, the observation of protection, and the community service order 160 hours) is too unreasonable.
2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, such as the fact that the Defendant’s exercise of violence against a police officer who performs legitimate performance of duties is not good, and that there was a record of punishment for suspension of execution due to the same criminal record in the past.
On the other hand, the following facts are favorable to the Defendant: (a) the Defendant recognized the instant crime and divided his mistake; (b) the degree of assault is not serious; (c) the Defendant’s wife is likely to take into account the circumstances of the instant case; (d) the Defendant’s health status is not good due to the use of force cancer; and (e) the Defendant was punished for the same criminal offense in around 1991 and was punished for the same offense in around 25 years, and did not commit the same offense.
In full view of the various circumstances, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, the sentence imposed by the court below is too unreasonable since it is recognized that the sentence imposed by the defendant is too unreasonable, and thus, the argument among the punishment of the defendant is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated 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 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.