특수공무집행방해치상등
1. All the judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for two years;
3.Provided, That this judgment has become final and conclusive.
1. The punishment sentenced to the accused (the first instance court: two years: imprisonment with prison labor for the first instance and the second instance: imprisonment with prison labor for eight months) of the summary of the grounds for appeal is too unreasonable;
The defendant asserted that there was an error of misunderstanding of facts or misunderstanding of legal principles in the first judgment, but withdrawn the above argument on the second trial date of this court.
2. We examine the Defendant’s grounds of appeal ex officio before determining the grounds of appeal.
The Defendant received a separate sentence of the first and second original judgment and filed an appeal against each of the original judgment. This court decided to consolidate and examine each of the above appellate cases. The above judgment against the Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be pronounced pursuant to Article 38(1) of the Criminal Act. As such, the first and second original judgment against the Defendant cannot be maintained.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of appeal, and it is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369
Application of Statutes
1. Article applicable to criminal facts;
(a) Injury resulting from a special obstruction of performance of official duties: the proviso of Article 144(2) and Articles 144(1) and 136(1) of the Criminal Act;
(b) Specific intimidation: Articles 284 and 283(1) of the Criminal Act.
C. Whether to refuse to measure alcohol: Articles 148-2(1)2 and 44(2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018; hereinafter “former Road Traffic Act”).
(d) Points of drinking: Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act;
(e) The point of driving without a license; and