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The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is too unreasonable.
2. The crime of this case is acknowledged in that the defendant, along with co-defendants of the court below, assaults with the victim who was put a vision in an entertainment drinking house, and assaults with the police officer's body, who was dispatched upon receiving a report, and obstructed his performance of his duties, and thus, it cannot be deemed that the crime is inferior to the nature of the crime, and the liability for the crime of obstructing performance of official duties may be mitigated. The crime of obstructing performance of official duties may promote light of legal order and public authority.
However, the defendant recognized the crime of this case and expressed his intention not to be punished against the defendant, and the police officers who suffered direct damage from the defendant also wanted the defendant's wife in the trial. The defendant entered the Republic of Korea around 2005, entered the Republic of Korea in around 2005 and supported her husband and her husband and her children without any criminal records for about 15 years, living together with her husband's health status is bad. The defendant's age, career, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, and the sentencing of similar cases, such as the circumstances after the crime, are the same as the various sentencing conditions specified in the records and arguments of this case, and it is unfair for the court below to punish the defendant.
Therefore, the defendant's assertion of unfair sentencing is justified.
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.
[Discied Grounds for Judgment] Summary of facts constituting an offense and evidence recognized by the court is corresponding to each part of the judgment below.