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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.
2. In light of the following: (a) the instant crime was committed during the period of suspension of execution due to the violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.), and the Defendant was punished several times during the period of suspension of execution; and (b) the police officer’s failure to commit a crime has an influence on the police officer’s duty to protect the peace and safety of citizens; and (c) the damage therefrom ultimately leads to the citizens of the Republic of Korea. In light of the above, it is necessary to strictly punish the Defendant in order to establish legal order and eradicate the danger of public power.
However, in full view of the following: (a) the Defendant recognized all of the instant offenses; (b) if the judgment of the lower court becomes final and conclusive, the Defendant shall be sentenced to imprisonment with prison labor for eight months suspended due to the invalidation of the previous suspension of execution; (c) the Defendant deposited KRW 600,000 in the victim D in the trial room and agreed with D; (d) the background leading up to the offense of insult by the Defendant; (c) the method and degree of insult committed by the Defendant against the victim; and (d) other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, happiness and family environment; and (e) the circumstances before and after the commission of the offense, the Defendant’s punishment against the Defendant is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
The application of legislation;