공무집행방해등
1. The judgment below is reversed.
2. The defendant shall be punished by a fine of twenty thousand won.
3. The above fine shall be imposed on the defendant.
1. The gist of the grounds for appeal is that of the lower court’s punishment (one year and two months of imprisonment) excessively unreasonable.
2. The crime of this case committed by the Defendant in the line of duty to manage the visitors and maintain order in the gambling room, aiding and abetting the opening of gambling room, aiding and abetting the police officers who called out to regulate gambling room, assaulting the chest part of the police officer at one time, threatening the police officer I to execute the warrant of detention, and threatening the police officer I to interview the police officer K while being detained in the detention room of the police station, and intimidation the above police officer.
The crime of gambling and gambling aiding and abetting is a crime that encourages a speculative spirit and undermines sound labor. Since the crime of obstruction of performance of official duties is a crime that obstructs and undermines legitimate public authority, the crime of this case requires strict punishment, and the defendant made a speech and behavior that assaults a police officer and harming the body of a police officer. In light of the method of the crime, the crime is not good, and the defendant has a record of punishment six times of violent crimes (two times of punishment, two times of suspended sentence, three times of suspended sentence, and one time of fine) in the past, and in particular, there is a record of punishment in the past, six times of violent crimes (one time of punishment, two times of suspended sentence, three times of suspended sentence, and one time of a fine).
However, in full view of all the favorable circumstances, such as the fact that the Defendant recognized the instant crime, that the Defendant was detained for about three months, that the Defendant had the time of self-esteem, that the Defendant agreed with the police officers who suffered damage after the sentence of the lower judgment, and that in full view of all the conditions that form the basis for sentencing as indicated in the record, such as the Defendant’s age, character and conduct, family environment, the lower court’s punishment is somewhat unreasonable.
Therefore, the defendant's argument is justified.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.