공무집행방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable because the punishment of eight months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order imposed by the court below is too unreasonable.
2. Each of the crimes of this case is acknowledged as follows: the defendant's act of this case requires strict punishment for each of the crimes of this case since the defendant enters a nearby convenience store to avoid the crackdown on a person who is demanded by a police officer to take a alcohol test; denies the police officer's legitimate performance of duty; obstructed the police officer's lawful performance of duty; the crime is considerably poor; the State's legitimate performance of duty is protected; and the Act on the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law of the Law.
On the other hand, it is also recognized that the Defendant is against each of the crimes of this case, and the degree of damage caused by the obstruction of performance of official duties of this case is relatively minor, and there is no record of criminal punishment other than once a fine, and there is no record of criminal punishment, and there is no university student who has yet to start a proper social life, and that he/she will not repeat again.
Considering the above circumstances comprehensively taking into account the Defendant’s age, environment, occupation, family relationship, circumstances leading to each of the instant crimes, and various circumstances that form the conditions for sentencing as indicated in the records, such as the circumstances before and after the commission of the crime, the lower court’s punishment is excessively unreasonable.
Therefore, the defendant's argument is justified.
3. Accordingly, the defendant's appeal is with merit, and the judgment of the court below is reversed and the pleading is made in accordance with Article 364 (6) of the Criminal Procedure