공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment shall be imposed for two years from the date of the final judgment.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. Determination of the crime of this case is acknowledged that the crime of this case was committed by assaulting a police officer dispatched after receiving a report by the defendant and obstructing legitimate execution of official duties.
On the other hand, however, the defendant's recognition of the crime of this case, there is no record of punishment for the same crime, the police officer did not have a standing room due to the crime of this case, the fact that the damaged police officer deposited KRW 1 million for the purpose of the damaged police officer (in spite of the submission of a written application for the name of the damaged police officer, there is no ground to recognize that the damaged police officer was prepared), the defendant stated that he was detained for a weak month due to the crime of this case, and that he had sent an reflect time, and all of the sentencing conditions specified in the argument of this case, such as the defendant's age, character and conduct, circumstances of the crime of this case, and circumstances after the crime, etc., are considered to be somewhat unreasonable, and the defendant's argument is reasonable.
3. As such, the defendant'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 again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, 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, the choice of criminal punishment, and the choice of imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered as favorable circumstances in the grounds for reversal);