공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 5,00,000 (the fine of KRW 5,000) is too unhued and unreasonable.
2. It is true that the instant case is a case where the Defendant assaulted police officers to interfere with the legitimate execution of duties by police officers, thereby hindering police officers from performing their duties, and furthermore, 317,909 won in repairing patrol cars, which are goods used by public offices, and the Defendant appears to have an attitude to recognize and reflect in depth the Defendant’s criminal act, and that the Defendant is likely to have committed the instant criminal act in contingency and impulsely under the influence of under the influence of somewhat under the influence of alcohol, rather than planned crimes.
However, in light of the contents and methods of the crime of this case, the defendant's liability for the crime of this case is not easy, and further, the defendant committed the crime of this case without weight despite being sentenced to one year and six months of imprisonment due to attempted rape in the Suwon District Court's Ansan Branch on February 21, 2014 and two years of suspension of execution, which is currently being under suspension of execution. The defendant committed the crime of this case without weight, and the defendant was issued a summary order of 2 million won due to driving under the investigation of this case while driving under the influence of alcohol, and the defendant was issued with a fine of 2 million won. In addition, there is a total of 3 times of fines due to drunk driving, as well as the criminal records of the crime of attempted rape and the crime of this case committed all of the crimes of this case, and it seems that the defendant committed the crime of this case under the influence of alcohol and all of the crimes of this case, and considering all the conditions of the crime of this case's sentencing after the crime of this case, the prosecutor's allegation is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
b) the summary of the evidence and evidence.