공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The sentencing of the court below (the imprisonment of eight months and the suspension of the execution of two years) is too unhued and unfair.
2. We examine ex officio the grounds for appeal prior to the judgment.
According to the records of this case, the Defendant was sentenced to six months of imprisonment with prison labor for special property damage at the Daejeon District Court on December 10, 2015, and the judgment became final and conclusive on December 18, 2015.
Special property damage crimes, etc. for which judgment has become final and conclusive, and each of the crimes in this case shall be sentenced to punishment in consideration of equity in cases where judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act as a single concurrent crime relationship after Article 37 of the Criminal Act. Thus, the judgment of the court below
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of sentencing. The judgment below is reversed, and the following decision is delivered through pleadings.
Criminal facts
On December 10, 2015, the first head of the lower judgment on the summary of the evidence was sentenced to six months of imprisonment for the crime of destroying special property at the Daejeon District Court on December 10, 2015, and the judgment became final and conclusive on December 18, 2015.
Article 369 of the Criminal Procedure Act provides that “The previous records of the judgment of the Daejeon District Court No. 2015, 1455, 1992 (Joint) and Daejeon District Court No. 2015No. 2776)” shall be added to “the previous records of the judgment of the Supreme Court No. 2015 (Joint District Court No. 2015 (Joint District Court No. 2015)” and “the summary information inquiry of the case is the same as the corresponding columns
Application of Statutes
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor for each crime;
1. The latter part of Article 37 of the Criminal Act concerning the treatment of concurrent crimes: Provided, That Article 39 (1) (the punishment shall be determined in consideration of equity between the crimes of destroying special property, etc., for which a judgment has become final and conclusive, and the crimes committed simultaneously);
1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of the Aggravation of Concurrent Crimes (Criminality is heavier).