공무집행방해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal is too unreasonable that the respective punishment of the original judgment (the first instance judgment: imprisonment with prison labor for 6 months, and the second instance: fine of 5 million won) is too unreasonable.
2. Prior to the judgment on the grounds for an ex officio appeal, the first, and second cases were examined ex officio prior to the judgment on the grounds for an ex officio appeal, and each judgment of conviction was rendered against the defendant, and this court decided to concurrently examine each appeal case against each appeal by the defendant.
However, each of the crimes of the first and second adjudication decisions is concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below against the defendant can no longer be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the unfair argument of sentencing, and the judgment below is reversed in its entirety, and it is so decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of each judgment of the court below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of public duties), Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The grounds for sentencing under Articles 53 and 55(1)3 (the following favorable circumstances) of the Criminal Act for mitigation of amount of punishment are as follows, and the following circumstances are determined in consideration of the developments and means of each of the instant crimes, Defendant’s career, sexual conduct, environment, and other various conditions of sentencing as shown in the oral argument, and the sentence is determined as ordered.
The defendant shall be punished by a suspension of execution of official duties once and a fine once, due to the obstruction of execution of official duties.