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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. In light of the fact that the punishment for each of the crimes of this case and the degree of damage is not easy, that repeatedly commits a violent crime, that is, the obstruction of performance of official duties requires strict punishment for the sake of the people's trust in the public authority as an offense resistanceing the legitimate enforcement of the law, and that there are considerable records of criminal punishment, including the criminal records of violence, but there are disadvantageous circumstances such as the defendant's recognition of all of the crimes of this case, that the defendant is against all of the crimes of this case, that the defendant has reached an agreement with victim D and G, and that the defendant has reached an smooth agreement with the victim D and G, and other various conditions of sentencing indicated in the records, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is unfair
Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
(2) Article 369 of the Criminal Procedure Act provides that “If an appeal by a defendant is reversed on the grounds that the judgment of the court below is well-grounded, the prosecutor’s appeal shall not be dismissed.” The gist of criminal facts and evidence is the same as that of the judgment of the court below, and the summary of evidence is identical to that of the relevant
Application of Statutes
1. Relevant Article 260(1) of the Criminal Act, the choice of punishment for the crime, Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act shall apply to concurrent crimes;