공무집행방해등
All convictions in the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.
Defendant shall be sentenced to one year of imprisonment and a fine of five million won.
1. The judgment of the court below in Article 2 of the scope of trial was dismissed among the facts charged, and the defendant and the prosecutor appealed only on the ground of unfair sentencing, and the prosecutor did not appeal the dismissal of prosecution as to the conviction portion. Thus, the dismissal of prosecution as to the judgment of the court below in the judgment of the court below in
Therefore, the guilty portion of the judgment of the court of second instance and the judgment of the court of first instance belong to the scope of the judgment of this court.
2. Summary of grounds for appeal;
A. The sentence of the lower court (the first instance judgment: the fine of KRW 5 million, and the imprisonment of KRW 200,000,000) is too unreasonable.
B. The sentence of the judgment of the court below of the second instance by the prosecutor is too uneasible and unreasonable.
3. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, this court tried two appeals cases against the defendant by combining two appeals cases. The concurrent offenses of each case deliberated in the trial at the court at the same time are concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act. Thus, among the judgment of the court of first and the judgment of the court of second instance, the conviction part of the judgment of the court below cannot be reversed.
4. As such, since the judgment of the court below and the judgment of the court of second instance have the above reasons for ex officio reversal, all of them are reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the gist of the evidence admitted by the court is as follows, except where the “1. Defendant’s legal statement” in the summary of the evidence is deemed as “1. Defendant’s legal statement at the original trial,” and thus, it is identical to each corresponding column of the lower court’s judgment. Therefore, it is cited as it is in accordance
Application of Statutes
1. Relevant Articles 136(1) and 30 of the Criminal Act concerning criminal facts and the choice of punishment for the obstruction of performance of official duties.