공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 500,000 won.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one hundred months of imprisonment, and a fine of five hundred thousand won) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The grounds for appeal by the Defendant and the Prosecutor are also examined.
On the other hand, each of the crimes of this case committed by the defendant under the influence of alcohol, obstructing the main business by force by avoiding disturbance for a considerable period of time, such as destroying the free World Cup from the main point of view and self-harming himself, and obstructing the operation of the main place of business by force, the police officers arrested by the police officers dispatched upon receipt of the report and desire to take the police officers while under the influence of alcohol after moving to the district, etc., and continuing to move to the police station criminal department, and interfere with the performance of their duties by assaulting the police officers' kneeel, etc., in light of the circumstances and contents of the crime, the crime is poor, and the defendant has been punished several times including the crime such as obstructing the performance of official duties, obstructing the performance of special duties, obstructing the performance of official duties, and damaging public goods, and there is also any history of punishment for the crime of interference with duties, etc. that are disadvantageous to the defendant.
However, the defendant recognized each of the crimes of this case, and the defendant appears to have committed each of the crimes of this case under the influence of alcohol, and was given a professional treatment of alcohol dependence.
In full view of the following factors: (a) the victim agreed with the victim of the crime of interference with the performance of official duties at the investigation stage; and (b) the victim is not subject to the punishment of the defendant in consultation with the victimized police officer of the crime of interference with the performance of official duties; and (c) the defendant's age, sex, environment, motive and circumstance of the crime, means and consequence of the crime; and (d) various sentencing factors specified in the trial process, such as records and circumstances after the crime, are somewhat unreasonable, and thus, the defendant's person is above the defendant.