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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The gist of the grounds for appeal is that there is no reason to know about the circumstances of the crime, and in light of the degree of violence and the result of injury, etc., the crime of this case is extremely poor.
The defendant has led to a confession of all crimes, but no effort has been made to reach a smooth agreement with the damaged public officials, and there is a fact that the defendant is divided into a truth.
It is doubtful whether it can be seen.
In full view of these circumstances, the punishment imposed by the court below (amounting to KRW 3,00,000) is too unhued and unreasonable.
2. The judgment of the defendant seems to have committed the crime of this case among the roads sent after an ambulances, and it seems that he committed the crime of this case. There are some points to be considered in the circumstances.
However, the defendant does not appear to have made efforts to recover damage to the victims until the trial is in progress.
In addition, considering the defendant's age, family relation, sex, career, environment, details and result of the crime, circumstances after the crime, criminal experience, and all the sentencing circumstances shown in the records and arguments of this case, the punishment sentenced by the court below is deemed unfair and unfair. Thus, the prosecutor's argument of sentencing is justified.
3. In conclusion, 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 as follows.
【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of penalty;