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The judgment of the court below is reversed.
Defendant shall be punished by a fine of 8,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of suspended sentence in September, 40 hours of lecture for compliance driving, and 80 hours of community service order) is excessively unreasonable.
2. We examine the reasoning of appeal. Each of the crimes of this case committed by the Defendant is not less than the nature of the crime in light of the content, method, and legal interests and interests of the crime. There is a need to strictly punish the crime of obstructing the performance of official duties in order to protect the legitimate performance of official duties of the State and to establish a sound social order, and the fact that the Defendant has been punished for the same kind of crime is deemed to be disadvantageous to the Defendant.
However, in full view of all the facts constituting the crime of this case, the defendant's mistake is against his depth, deposited KRW 200,000 for the victimized police officer, there is no other criminal punishment except for the defendant's punishment once, and it is necessary for the defendant to take into account his future social activities as a young person who is preparing for employment of 26 years of age, and other various circumstances, including the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case, criminal records, family relations, and economic circumstances, and maintaining the sentence of this case's punishment imposed by the court below is unreasonable because it is somewhat inappropriate. Thus, the defendant's argument is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.
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
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