폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment and two years of suspended sentence in October) by the lower court is too unreasonable.
2. The judgment of this case is that the defendant, who was the head of the oil station, was the head of the oil station, has a conflict with the victim E, who was the head of the oil station.
It is a case that interferes with the execution of official duties of police officers G who laid off and called the Gab and Dob, which is a dangerous object by interesting the above victim's Gab and Dob, with the Gabing of the Gab and the lab from the Gamen's flag, thereby cutting off the lab from the Gab and obstructing the above G.
The defendant is punished for a dispute with the victim E.
Although the nature of the crime is not less than that of the first police officer, such as displaying the bags, brus, etc. which can see the body of the first person, and brusiums and bruscences to the second police officer dispatched without the relocation of interest, the Defendant was led to the crime of this case as the first offender, E did not want the punishment of the Defendant from the beginning of the investigation stage, the Defendant was suffering from aftermathical disorder, left hand hand, brus, appraisal disorder, etc. by undergoing brain operation two times or more due to traffic accidents in 198, and all the sentencing conditions shown in the records and arguments of this case, such as the Defendant’s age, character and conduct, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment sentenced by the lower court is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and assaulting with a deadly weapon under Article 260(1) of the Criminal Act;