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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The defendant above.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (3 million won in penalty) is excessively unreasonable.
2. In light of the content and method of the crime, the crime of this case committed by the defendant is not less than the nature of the crime in light of the contents and method of the crime, there is a need to strictly punish the crime of obstructing the performance of official duties in order to protect the State’s legitimate performance of official duties and to establish a sound social order, and the degree of the type of the crime exercised by the defendant is not minor, and the crime of this case committed by the victim police officer is deemed to have suffered considerable mental suffering, etc.
However, in full view of the following circumstances: (a) the Defendant recognized the facts of the instant crime and thereby reflects the Defendant’s mistake in depth; (b) there appears to be a dependent on the Defendant; (c) the economic situation appears to have not been followed by the designated judicial branch; (d) the Defendant’s primary offender who has no record of criminal punishment; (b) the balance between the general amounts of punishment in cases of accomplice B and in the same and similar cases; and (c) the Defendant’s age, sex, conduct, intelligence and environment; (d) the motive, background, means and consequence, means and consequence of the instant crime; and (e) the circumstances after the instant crime, criminal records, family relations, and economic circumstances, it is unreasonable to maintain the sentence imposed by the lower court as it is, and thus, the Defendant’s assertion is reasonable
3. In conclusion, as the defendant's appeal is reasonable, the part of the judgment below against the defendant in accordance with Article 364 (6) of the Criminal Procedure Act is reversed and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is identical to each corresponding column of the reasoning of the judgment below, and thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act concerning facts constituting an offense;