공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
According to the records, the Defendant was indicted for a violation of the Act on the Promotion of Game Industry and was sentenced to one year from July 27, 2016, and was sentenced to imprisonment with prison labor in the branch court of the Changwon District Court, and appealed, but was sentenced to a dismissal judgment on December 8, 2016. Although the Defendant appealed, the Defendant was sentenced to a dismissal judgment on March 15, 2017, and the said judgment became final and conclusive.
The crime of interference with the execution of official duties in the judgment of the court below against the defendant is one of the concurrent crimes established after the sentence of the judgment of the court below and the crime of the latter part of Article 37 of the Criminal Act, and the sentence should be imposed at the same time in consideration of equity with the case of concurrent crimes under the main sentence of Article 39 (1) of the Criminal Act.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are as follows. The first head of the lower judgment on July 27, 2016, “The Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Changwon District Court’s Tong Branch’s through the Changwon District Court on July 27, 2016, and the judgment on March 15, 2017
In addition, “a report on investigation (including attached documents of the case in which a trial is in progress)” and “each written judgment” are added as evidence of Defendant’s previous convictions, other than the addition of “a report on investigation (including attached documents of the case in which a trial is in progress)” as stated in each corresponding column of the judgment of the court below, and are cited as it is in accordance with Article 3
Application of Statutes
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes: