공용물건손상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. The Defendant committed the instant crime, even though he/she had a record of being sentenced to a suspended sentence of imprisonment for a crime that interferes with the performance of duties in the same way, and was punished for drinking driving, is disadvantageous to the Defendant.
On the other hand, the police officers who were assaulted by the defendant do not want to be punished by the defendant, the compensation for public goods damaged by the defendant, the records of punishment for driving drinking by the defendant are 2001, and the defendant has been detained for a certain period of time and has time to reflect is favorable to the defendant.
In addition, comprehensively taking account of the Defendant’s age, sex, family environment, motive and background of the crime, and circumstances after the crime, etc., the sentence of the lower court is too unreasonable.
The defendant's assertion pointing this out is with merit.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Grounds for the judgment below] The summary of facts constituting an offense and evidence recognized by this court is identical to the corresponding column of the judgment of the court below, except for adding "a criminal investigation report (damage to the public goods of Defendant 1)" to the third column of the evidence of the court below. As such, the summary of facts constituting an offense and evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 136 (1) of the Criminal Act, Article 141 (1) of the Criminal Act (a point of obstructing the performance of official duties), Article 148-2 (2) and Article 44 (2) of the Road Traffic Act (a point of obstructing the measurement of drinking alcohol), the choice of imprisonment with prison labor for each type of 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 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;