공무집행방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below (six months of imprisonment and two years of suspended execution) is too unreasonable as to the summary of the grounds for appeal.
2. The crime of this case is very serious since the crime of this case was committed in the course of performing official duties by damaging property while under the influence of alcohol and by using violence to police officers.
However, it is desirable that the defendant is a first offender and reflects his mistake in depth, and the defendant is given an opportunity to return to society, which is the first generation of society, to the defendant, who is the first generation of society, by drinking together with the owner of the business in a difficult condition after completing work in the restaurant where he worked as an employee, and is expected to have reached the crime of this case by drinking together with the owner of the business. The investigation agency paid a considerable amount of money to the victim of the crime of destruction (cafeteria operator) and agreed to do so.
Furthermore, considering the Defendant’s age, sex, environment, motive, means and consequence of the crime, various conditions of sentencing as shown in the pleadings, such as the circumstances after the crime, etc., the sentence of the lower court is deemed to be excessive and unfair, and thus, the Defendant’s above assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
【Judgment to be used again] The summary of facts constituting an offense and evidence recognized by the court is identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties), and the selection of fines for a crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;