공무집행방해
We reverse the judgment of the first instance court.
Defendant
A shall be punished by a fine for negligence of KRW 7,000,000 and by a fine of KRW 5,00,000.
1. The summary of the grounds for appeal (unfair sentencing) asserts that the Defendants’ first instance-oriented sentence (two years of suspended execution and one hundred and twenty hours of community service work with respect to Defendant A, two years of suspended execution and forty hours of community service work with respect to Defendant B) is too unreasonable, and the Prosecutor asserts that the above sentence is too unfasible and unfair.
2. In addition, the first instance court’s judgment was in the favorable circumstances against the Defendants, which indicated in detail in the column for “reason for Sentencing”, and the Defendants agreed with the J among the police officers, and the Defendants deposited KRW 2 million for the first purpose, and the Defendants reflects the Defendants’ wrong recognition. In addition, considering all of the sentencing conditions indicated in the records of this case, such as the Defendants’ age, sex, conduct, environment, family relationship, motive, means and consequence of the crime, the sentence of first instance against the Defendants is too unreasonable.
Therefore, we accept the defendants' unfair assertion of sentencing, and the prosecutor's assertion is not accepted.
3. In conclusion, the Defendants’ appeal is justifiable, and thus, the judgment of the first instance court is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading (as long as the Defendants’ appeal is accepted and the judgment of the first instance is reversed, the prosecutor’s appeal is not dismissed in the order). The summary of criminal facts and evidence recognized by the court is identical to the corresponding column of the judgment of the first instance, and the summary of the evidence is identical to that of the judgment of the court of first instance. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;
1. Selection of each alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;