폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of suspended sentence, probation, confiscation) that the court below sentenced against the defendant is too uneasible and unfair.
2. The Defendant, by carrying the excessive amount in the police station, threatened a civil petitioner, and interfere with the performance of official duties by the police officer above. Considering the place and method of the crime, the nature of the crime is not good in light of the place and method of the crime, the act of obstructing the performance of official duties by the police officer in uniform requires strict punishment in order to enhance the people's confidence in the national public authority, a fine is imposed once for the same crime, and a fine is imposed once for the same kind of crime and one-time crime that has been sentenced to a fine once for the same offense
However, the defendant led to the confession of the crime of this case and reflects his mistake in depth, the defendant agreed with the victim of the crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and tried to commit the crime against the victimized police officer, and deposited KRW 1 million with the victimized police officer, and the fact that the social ties relation seems to be relatively clear is favorable to the defendant.
Considering the above circumstances and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the accused, character and conduct, family relationship, environment, occupation, etc., there is no change in circumstances to determine the sentence differently from the original judgment, and the scope of the sentencing guidelines for the enactment of the Sentencing Commission (Obstruction of Performance of Official Duties) within the scope of the recommended sentencing guidelines for the sentencing of the Supreme Court. The first crime (Obstruction of Performance of Official Duties) within the scope of the aggravated range (one year to four years) under the category 1 (Obstruction of Performance of Official Duties) under the aggravated area (one year to 4 years), where a person under special circumstances) shows collective power or carries dangerous objects (one type) [the scope of recommending punishment] under the mitigated area (one year to 4 years), the mitigated area (one year from 4 months to 1 year) [special mitigation] under the mitigated range of punishment (a person under special mitigation] under the scope of the final sentencing guidelines for the treatment guidelines for the majority crime