공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment (1,00,000 won) of the court below is too unreasonable.
2. In full view of the following facts: (a) the judgment of the court below was examined; (b) the Defendant recognized the instant crime and reflects it when it comes to the trial; (c) the degree of assault is minor; and (d) the Defendant’s economic situation is difficult as a recipient under the National Basic Living Security Act; and (c) the Defendant’s age, occupation, and other matters concerning the sentencing specified in the records and arguments of the instant case, the Defendant’s assertion is justified
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;