공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.
2. The fact that there is a need for strict punishment of obstruction of performance of official duties in order to protect the legitimate performance of official duties of the judgment state and to establish a sound social order is disadvantageous to the defendant.
However, considering the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, the court below's punishment is somewhat inappropriate, taking into account the following circumstances: (a) the defendant deposited a certain amount of money for the victim police officer; (b) the victim police officer wanted to have the defendant's wife; (c) the defendant did not have any history of punishment for the same kind of crime; and (d) the defendant expressed in the arguments and records of this case.
3. Since 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 following decision is rendered again.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;
2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.
3. Article 334 (1) of the Criminal Procedure Act.