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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding three hundred thousand won.
The above fine shall be imposed on the defendant.
Reasons
1. The grounds for appeal (unfair sentencing) is too heavy on the punishment sentenced by the lower court (one year of imprisonment and a fine of 300,000 won), or too minor on the 2. Determination (the nature of each of the crimes obstructing the performance of official duties of this case is not good, and the Defendant has not yet received any tolerance from the victimized police officers until the time.
However, for the first time, H expressed its intention that the victim of assault and damage to property does not want the punishment of the defendant.
The defendant recognized all of the crimes of this case, and most of the criminal records of the same kind are old.
In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is somewhat heavy.
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 the defendant's appeal is again decided as follows (as long as the judgment of the court below is reversed on the grounds that the defendant's appeal is well-grounded, the prosecutor's appeal shall not be dismissed separately). [The judgment which is used again] The summary of facts constituting an offense and evidence recognized by the court and the summary of evidence are the same as the corresponding column of the judgment of the court below, and thus, it is cited pursuant
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the crime, Articles 144(1), 136(1) (the point of obstructing the performance of special duties), Article 260(1) (the point of assault) of the Criminal Act, Article 366 of the Criminal Act, Article 3(3)1 (the point of revoking the main sentence in the official document) of the Punishment of Minor Offenses Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of duties), Article 136(1) of the Punishment of Minor Offenses Act, Article 136 of the Criminal Act, Article 136(1) of the Punishment of Minor Offenses Act, Article 136(1) of the Punishment of Minor Offenses Act, Article 136(1) of the Punishment of Minor Offenses
1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;