공무집행방해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for a six-month period of suspension of execution, and 80 hours of community service) is too unreasonable.
2. It is recognized that the instant crime committed by the Defendant committed an assault against a police officer who performed official duties and obstructed the performance of official duties, and that there is a need to strictly punish the Defendant in light of the recent situation of public power, and that there was a history of punishment due to violent crimes, etc., and that the Defendant did not receive a letter from the victimized police officer.
However, in consideration of the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the punishment imposed by the lower court is too unreasonable, because it is too unreasonable, in light of the following: (a) the Defendant led to the confession of the crime; (b) the degree of assault was not heavier than the fine; (c) there was no record of punishment heavier than the fine; and (d) there was no record of punishment for the same crime; and (c) the Defendant’s age, sexual conduct, environment; and (d)
3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence acknowledged by this court is as follows: (a) the facts charged and the summary of the evidence are as follows: (b) the “victim E (27)” of the first instance judgment in the fourth column of the criminal history of the crime; and (c) the “victim E (27)” of the fifth class as “C,” respectively; and (d) the same as the corresponding column of the lower judgment, and thus, (e) the same is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;