공무집행방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 12,000,000 won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The defendant, upon receiving the report, assaults the police officers, thereby obstructing the performance of official duties, and damaged the patrol vehicles, which are public objects.
In 2013, the defendant was sentenced to a fine of KRW 2,00,000 as a crime of bodily injury and was sentenced to criminal punishment several times for violent crimes.
In 2015, the defendant was sentenced to imprisonment for three years as a crime of sexual assault and was sentenced to a five-year suspended sentence, and committed each of the crimes in this case during the suspended sentence period.
The damaged police officers were punished for the defendant.
However, there are the following favorable circumstances for the defendant.
Until the defendant has completed the term of punishment sentenced by the court below, he has been detained in custody, and his mistake has been repented in depth and reflected in it.
The defendant seems to have caused each of the crimes in this case in a drunken manner.
The extent of assault by the defendant against damaged police officers or the degree of damage to patrol vehicles is relatively minor.
For the defendant, the court below deposited the total of KRW 1,000,000 in the court below and the total of KRW 1,000,000 in the court below respectively.
The defendant has no previous convictions of imprisonment.
In the event that the sentence of imprisonment for the accused is finalized, the suspended sentence of imprisonment for the accused is invalidated before the sentence of imprisonment for the accused, and the accused has to additionally serve the three-year sentence, which is considered to be too harsh for the accused.
The defendant's family and family members want to separately endeavor to prevent the defendant from repeating the crime again, and seek a preference against the defendant.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment is too excessive.