Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (the sentence to be suspended (the fine of KRW 3 million) declared by the lower court is too uneasy and unreasonable.
2. The judgment is recognized that the defendant led to the confession of the crime, and his mistake is divided, there is no force of criminal punishment, and the degree of the assault is not hot.
However, the crime of this case was committed by assaulting the police officer who performed his official duties, such as booming flaps, etc., and obstructing the performance of official duties. In light of the recent public authority trend, it is necessary to strictly punish the damaged police officer, and the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions stated in the argument of this case such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case, the punishment imposed by the court below is deemed to be too uneasible and unfair.
3. Accordingly, the prosecutor’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 it is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) the “victim” following the “BJ” affiliated with the 3rd district unit of the lower judgment’s criminal history; and (b) the summary of the evidence is as stated in the respective corresponding columns of the lower judgment, except for deletion of the “E” in the 2nd sentence of the 3rd district unit of the lower judgment’s criminal history; and (c) thus, it is acceptable in accordance with Article
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;