업무방해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than nine months.
1. Each sentence (No. 1: Imprisonment with prison labor for 6 months, and imprisonment with prison labor for 10 months) declared by the court below on the gist of the grounds of appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court below. Since each of the offenses the judgment of the court below issued is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below which sentenced a separate punishment for each of the above offenses cannot be maintained in this respect.
3. Accordingly, 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 reversed in entirety, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of insult), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) and the selection of imprisonment for each type of crime;
1. The reason for sentencing of concurrent crimes under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes by the punishment, the nature of the crime, and the offense committed on January 9, 2017), the obstruction of and insult for the execution of public duties of this case, is that the defendant assaulted a police officer who performs public duties to interfere with the performance of public duties, thereby obstructing the performance of public duties of this case, and insulting the police officer, and thus, requires strict punishment in light of the recent public peace of the public authority, considering the fact that the defendant has been insulting the police officer, there is a history of fine for several times due to the crime of violence and interference with the performance of duties, and that there is a history of punishment for suspended execution.