공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The judgment of the defendant committed another crime in this case during the period of repeated crime; the defendant has not been punished more than 20 times due to violence-related crimes; the defendant was sentenced more than 20 times to imprisonment with prison labor; the defendant has already been punished twice due to obstruction of performance of official duties; the defendant was detained for committing a crime during the period of repeated crime; and the defendant was detained in the trial procedure in the court below; however, there are unfavorable circumstances such as the defendant's confession of the crime in this case; the extent of damage is relatively minor; the defendant's age, character and behavior, environment; the motive and circumstance leading to the crime in this case; the means and consequence thereof; and all of the sentencing conditions specified in the records and arguments in this case, such as the circumstances after the crime, etc., are considered to be inappropriate.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them 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;
2. Article 35 of the Criminal Act among repeated crimes;