공무집행방해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. As to the sentence of the lower court (two years of suspended sentence and ten months of imprisonment with prison labor for six months), the Defendant asserts that the sentence of the lower court No. 2 is too unreasonable because the sentence of the lower court is too unreasonable, while the Prosecutor asserts that the first sentence of the lower court is too unfasible and unfair.
2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, this Court decided to concurrently examine the appeal cases against the lower judgment. Each of the lower judgment against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the lower judgment cannot be maintained.
3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the following is again decided after pleading.
[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 136 (1) of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 311 of the Criminal Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, and each choice of imprisonment with prison labor, respectively;
1. The Defendant made efforts to recover damage, such as deposit with the victimized police officers who interfered with the execution of official duties, in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes.
On the other hand, the defendant has a record of having been punished several times for violent crimes and has been punished for drinking driving.