공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unlawful in sentencing) is too unfluent that the lower court’s punishment (limited to 8 months of imprisonment, 2 years of suspended sentence, 40 hours of lectures for alcohol treatment, 80 hours of community service, etc.) is too unfluent.
2. Determination
A. It is recognized that the defendant led to the confession of the crime of this case, and that the defendant deposited 1.5 million won each for the victim of violence and the police of the damage at the court below.
B. However, without any particular reason, the Defendant threatens a victim who fights without any specific reason, and the victim is driving away from the convenience store of the person who is in need of escape.
In addition to threatening victims of the franchise time and assault, the police officers dispatched upon receiving a report and assault several times. The nature of the crime was bad, in particular, the obstruction of the performance of official duties requires strict punishment as a crime prejudicial to the function of the State by nullifying justifiable exercise of public authority; the victim of the crime was not agreed upon; the victim of the crime did not receive a letter from the police officer; the defendant was punished twice due to the obstruction of the performance of official duties; and the defendant was punished twice due to the obstruction of the execution of official duties; and other circumstances that form the conditions for sentencing specified in the argument of the instant case, such as the defendant's age, background of the crime, and circumstances after the crime, the sentence of the court below is deemed unfair.
Therefore, the prosecutor's above assertion is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as follows through a new theory of change.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;
1. Article 37 of the Aggravation of Concurrent Crimes Act.