공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In light of each of the crimes in this case, although the nature of the crime and the circumstances of the defendant were not weak in light of the contents of each of the crimes in this case, the defendant did not have any record of criminal punishment except for the case where the defendant committed all of the crimes in this case and reflects his mistake in depth. The mental problem of the defendant seems to have partly affected the crime in this case, and the family, including the defendant's father, wanting to leave the defendant's wife, and the victim N, T, D, L and the original agreement was reached after the decision of the court below was made. This constitutes a new change of circumstance that should be viewed differently from the court below in determining the sentencing of the defendant in this case, including the fact that the defendant's age, character and behavior, home environment, motive, means and consequence of the crime in this case, and the circumstances after the crime, etc., compensation for a certain amount of the damaged public goods for damage, the above punishment condition of the court below's sentence is too unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 257(1) of the Criminal Act, the choice of the punishment for the crime, Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 141(1) of the Criminal Act, and the choice of imprisonment for the crime;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.