공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The punishment of one and half years of imprisonment sentenced by the original court in the summary of the grounds for appeal is too unreasonable.
2. In light of the fact that the Defendant had been continuously punished ten times due to violent crimes such as violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) in 2009, and the Defendant committed the instant crime by using intelligent means for the purpose of obstructing the investigation into the gambling site of the police officer, even though he/she had the past record of having been sentenced to a fine twice due to obstruction of performance of official duties and gambling, and even though he/she had been sentenced to a fine due to obstruction of performance of official duties, etc., he/she committed the instant crime by using intelligent means for the purpose of obstructing the investigation into the gambling site of the police officer again. Nevertheless, it is difficult to deny that the Defendant still visited the place where the crime was committed, and it is difficult to view that he/she is seriously against the Defendant, such as asserting that there was no purpose to interfere with the on-site investigation by the police officer, etc.
However, the fact that the defendant is recognized as a substitute for the crime, the extent of the assault committed by the defendant is not heavy, and the defendant deposited one million won in the court room in the future of the damaged police officer, etc. should be taken into consideration in light of the circumstances favorable to the defendant.
Considering the above circumstances and the overall circumstances such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment sentenced by the court below is too heavy.
3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following decision is rendered after pleading
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;