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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one million won suspension of sentence) is too uneased and unfair.
2. The crime of this case is deemed to have been openly insulting to a police officer called out after receiving a report from 112 while the defendant was in motion and was in motion on the street. It is recognized that there is no favorable circumstance that the defendant has been sentenced to criminal records or punishment exceeding the same criminal records or fine.
However, the nature of the crime is not good for a police officer who has lawfully performed official duties. Nevertheless, in full view of the fact that the Defendant, since the investigative agency, without recognizing the Defendant’s mistake up to this court, is consistent with the law without recognizing the Defendant’s mistake, and the Defendant’s tolerance pursuant to the law cannot be cut off, and other various circumstances, such as the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, the circumstances after the commission of the crime, etc., the lower court’s punishment may be somewhat and somewhat somewhat be deemed to be somewhat weak.
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 after pleading.
Criminal facts
The summary of the judgment of the court below and the summary of evidence is the same as the corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 311 of the Criminal Act applicable to the facts constituting an offense and Article 311 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;