업무방해등
Of the judgment of the court of first instance, the guilty part and the judgment of the court of second instance shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
1. The following facts are acknowledged according to the progress records of the instant case.
A. As to the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) among the previous facts charged in the instant case against the Defendant, Articles 3(1) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter the same shall apply) were applied and Article 260(1) of the Criminal Act was sentenced on May 15, 2015, which sentenced the Defendant to a two-year sentence of imprisonment with prison labor for the Defendant, and the Defendant’s appeal was dismissed, and the said judgment was thus dismissed.
7. 23. A final and conclusive date.
B. On September 24, 2015, the Constitutional Court decided that Article 3(1) of the former Punishment of Violences, etc. Act on “a person who commits a crime under Article 260(1)(Assault) of the Criminal Act by carrying a deadly weapon or other dangerous object and carrying it in violation of the Constitution in cases where: (a) 154, 398 (Joint), 2015 Hun-Ga3, 9, 215 Hun-Ga 14 (Joint), 2015 Hun-Ga, 18, 2015 Hun-Ga 18, 2005 Hun-Ga 20, 25 (Joint) was unconstitutional.”
(c)
This Court held on November 16, 2015 that a judgment subject to a retrial constitutes a final conviction based on the legal provision that the Constitutional Court decided to be unconstitutional, and thus, there is a ground for retrial under Article 47(4) of the Constitutional Court Act.
A decision to commence a new trial was made and the decision to commence the new trial became final and conclusive.
2. Summary of grounds for appeal;
A. As to the facts constituting the crime as indicated in the judgment of the court below of first instance, the defendant was under the influence of alcohol at the time of each of the above crimes, and there was no or weak ability to discern things or make decisions.
B. The punishment of each judgment of the court below which is unfair in sentencing (the first judgment of the court below: imprisonment of 1 year and 6 months, and imprisonment of 6 months) is too unreasonable.
3. We examine ex officio prior to the judgment on the grounds for appeal by the defendant, and ① The prosecutor is among the crimes against the defendant in the facts charged in this case at the trial of the party.