공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The defendant does not pay the above fine.
1. The decision of the court below on the summary of the reasons for appeal (two years of suspended execution to six months of imprisonment, and one hundred and twenty hours of community service) is too unreasonable.
2. The judgment below's punishment is too unreasonable, since the defendant did not have the record of punishment as a crime obstructing the performance of official duties, there is no record of crime exceeding a fine, the defendant appears to have committed the crime of this case because he did not take the influence while drinking alcohol, the degree of tangible force of the defendant's use is not very serious, and the defendant recognized his mistake and is in depth and reflects his depth, and other circumstances shown in the argument of this case, such as the defendant's age, sexual behavior, environment, motive and consequence of the crime, and circumstances after the crime, etc., are considered as follows. Thus, the defendant's argument is justified.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 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;