공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.
2. The crime of this case committed by the Defendant by assaulting a police officer in the course of performing official duties and obstructing the performance of his duties. In light of its content, method, etc., the nature of the crime is not good, there is a need to strictly punish the crime of obstruction of performance of official duties in order to establish the legal order of the State and eradicate the light of the public authority, and there is no agreement with the victimized police officer so far.
However, considering the favorable circumstances such as the defendant's recognition of the crime of this case, the degree of violence is relatively excessive, the person who committed a little contingent act in drinking alcohol, the court below deposited 1 million won for the victimized police officer, the person who was under custody for three months or longer due to this case, the person who had no record of punishment exceeding the fine prior to this case, his father, and other favorable conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, background and method of crime, and circumstances after the crime, etc., the sentence imposed by the court below is unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "average circumstances favorable to the former");
1. The scope of punishment: Imprisonment with prison labor for not more than five years;