위계공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal by the defense counsel is too unreasonable in light of the fact that the defendant commits an error against the defendant, actively cooperates in the investigation from the initial stage of the investigation, and supports his family, etc.
2. The judgment of the court below is against the defendant's wrong, and the defendant committed a prison life for about four months after being detained for each of the crimes of this case, there is no record of criminal punishment exceeding suspended execution, and considering the motive and circumstance of each of the crimes of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's personality and behavior and the environment as shown in the records and arguments of this case, the above assertion is reasonable, and therefore the above assertion is justified.
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. The point of obstruction of performance of official duties by fraudulent means as stated in the pertinent Article of the Criminal Act and the judgment of the choice of punishment: Each illegal means as stated in the judgment of the choice of imprisonment with prison labor, Article 137 of the Criminal Act, and Article 94 subparagraph 3 and Article 7-2 subparagraph 1 of the Immigration Control Act, and each illegal means as stated in the judgment of the choice of imprisonment with prison labor: The attempted attempt of inviting foreigners: Articles 99 (1), 94 subparagraph 3 and 7-2 of the Immigration Control Act
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Probation and community service order under Article 62-2 of the Criminal Act;