공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. Summary of reasons for appeal: The sentence of the lower court’s unfair sentencing (one month of imprisonment and one year of suspended sentence) is too unreasonable.
2. The court below decided to judge ex officio according to a simplified trial procedure and sentenced the Defendant to a suspended sentence of one year for a period of four months, recognizing the Defendant’s charge as guilty.
Although the Defendant made a statement that recognized the facts charged on the first trial date of the lower court, the Defendant and the Defendant’s defense counsel stated to the effect that the Defendant was unable to properly memory the situation at the time of the instant case under the influence of alcohol, which constitutes a statement of fact that is, at least, the reason for abatement or exemption of punishment prescribed in Article 323(2) of the Criminal Procedure Act, constitutes a statement of fact that is reasonable for abatement or exemption of punishment, and thus, this case does not fall under the subject of judgment by a simple trial.
Therefore, the judgment of the court below cannot be maintained as long as the court below revoked the judgment of the court below which decided to judge in a simple trial in accordance with Article 286-3 of the Criminal Procedure Act.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and the following decision is delivered, without examining the above grounds for reversal ex officio.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as the relevant column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the crime, the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, uses violence against police officers who perform legitimate duties without any particular reason, and the nature of such crime is not good.
(b).