공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. The crime of this case is determined by the following circumstances: (a) the Defendant spits the face of the damaged police officer, was arrested as a flagrant offender, and moved the stop the front seat of the police officer in the front line of the patrol box while getting out of the patrol box before the patrol box, and thereby obstructing the legitimate performance of duties by the damaged police officer by going beyond the line of the damaged police officer on one occasion on the second floor of the patrol box; and (b) the Defendant stop the front seat of the patrol box when getting out of the patrol box before the patrol box and going out to the E box; and (c) the case is not easy to say that it interferes with the legitimate performance of duties by the damaged police officer by going beyond the line of the damaged police officer on one occasion on the front of the patrol box.
However, in full view of all the circumstances that are favorable to the defendant, such as the confession of the defendant, the defendant's personality and behavior and environment, the background and result of the crime of this case, the circumstances after the crime, etc., and the conditions of sentencing as shown in the records and arguments, the punishment imposed by the court below is deemed unfair, since it is recognized that the punishment imposed by the defendant is unfair, since it is recognized that the punishment imposed by the defendant is inappropriate, since the defendant's allegation is justified.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, Article 369 of the Criminal Procedure Act is applicable.