특수폭행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.
2. Reviewing the reasoning of the Defendant’s appeal ex officio prior to the judgment on the grounds for appeal by the lower court, the record reveals that the Defendant was sentenced to three months of imprisonment with prison labor on July 13, 2018, by obstructing business operations in the Jeonju District Court’s Militarysan Branch, and the said judgment became final and conclusive on July 21, 2018.
Since the crime of the judgment of the court below and the crime of interference with the above business, which became final and conclusive with the crime of the court below against the defendant, are concurrent crimes with the latter part of Article 37 of the Criminal Act, a punishment for the crime of the judgment of the court below shall be sentenced in consideration of the equity in the case where the judgment is to be rendered at the same time in accordance with the main sentence of Article
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 unfair argument of sentencing, and the judgment below is again ruled as follows through pleading.
Criminal facts
The summary of the crime and evidence against the defendant recognized by this court was sentenced to three months from July 13, 2018 in the first head of the crime, and the above judgment became final and conclusive on July 21, 2018 in the first head of the crime.
In addition, “1. A previous conviction in the judgment: A written reply to inquiries, such as criminal history, investigation report (report on confirmation of the records of punishment for the same kind of crime)” in the summary of the evidence is the same as a corresponding column of the judgment of the court below, except for using “1. A prior conviction in the judgment: a reply to inquiries, such as criminal history, a written inquiry about criminal records, a criminal investigation report (Attachment of a written inquiry about the current status of acceptance of a suspect), the case of this court, and the result of search of the sentence of the judgment.” Thus, it shall
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 261, 260(1) (a) (a special assault, choice of imprisonment) of the Criminal Act concerning facts constituting an offense, and Article 366 (a) of the Criminal Act (a property damage point and imprisonment with prison labor).