공무집행방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,500,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.
2. Determination is an unfavorable circumstance to the defendant, in light of the content of the crime of this case, such as spiting, spiting, etc., that is, the nature of the crime is not good in light of the police who used violence against the victim without any reason and thus sent out to the police. The victim is wishing to punish the defendant, and the defendant has been punished twice by the same kind of crime in around 2008.
However, considering the fact that the defendant is deeply divided into the crime and reflects on the degree of damage caused by each of the crimes in this case, the defendant was diagnosed as a stimulative disorder, received hospitalized treatment for three months, and continued to receive medical treatment, etc., the defendant seems to have been in a mental unstable condition even at the time of the crime in this case, and the defendant seems to have been in an economically difficult situation, etc.
Therefore, the court below's punishment against the defendant is unreasonable in light of the above circumstances, taking into account various factors such as the defendant's age, character and conduct, family environment, and circumstances after the crime and arguments.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
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 260(1) of the Criminal Act (the point of violence and the choice of fines), Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act concerning criminal facts, the point of obstructing performance of official duties, and fines