위계공무집행방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.
2. In addition, in light of the fact that the defendant was punished seven times (six times of punishment, one time of suspended sentence of imprisonment) by obstructing the performance of duties, such as obstruction of duties, damage to property, interference with the performance of duties, etc., and in particular, the defendant committed each of the crimes of the same kind of crime in the instant case even though he was sentenced to two years of suspended sentence on October 15, 2019 by obstructing the performance of duties from the Suwon Methods Board, which was sentenced to two years of suspended sentence on October 15, 2019, and was in force during the suspended sentence, there
However, all of the crimes of this case are recognized by the defendant, and the defendant's mistake is divided in depth, the victim is not punished against the defendant, the defendant suffers from depression and boundary personality disorder on August 2016. In this regard, the prior criminal of this case was provided with mental treatment for 21 days on the ground that the defendant continued to commit the crime of this case, and even after each of the crimes of this case, he is receiving mental treatment, and as mentioned above, he seems to have partly affected each of the crimes of this case. In addition, the defendant suffered from friendly and boundary personality disorder which the defendant suffers from urine, urine, etc. and suffered from urine, and the state of health is not good, and the defendant's wife who has de facto marital relation is not good and has been supported by the defendant, and the defendant's state of health is also not good and the defendant's state of health, and the circumstances and circumstances of the crime of this case, the circumstances of this case, and various circumstances of the crime of this case, and the records are acknowledged by the court below.
Therefore, the defendant's argument is justified.
3. Thus, the defendant's appeal is reasonable, and Article 364 of the Criminal Procedure Act is applicable.