특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (two years of imprisonment with prison labor for a period of eight months) is too unreasonable.
2. On February 19, 2020, according to the records, the defendant was sentenced to imprisonment with prison labor for not less than one year and six months of suspension of execution of April, community service work, and 80 hours for fraud at the Chuncheon District Court on February 19, 2020 (the above judgment was finalized on February 27, 2020).
Each of the crimes in the holding of the court below against the defendant is a concurrent crime under the latter part of Article 37 of the Criminal Act with the above established crime of fraud and the latter part of Article 39 (1) of the Criminal Act, and the sentence should be imposed at the same time taking into account equity and equity, so the judgment of the court below
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again ruled as follows.
[Discied reasoning of the judgment below] The summary of the criminal facts and evidence against the defendant recognized by this court is the first head of the judgment below's "criminal facts". "The defendant was sentenced at the Chuncheon District Court on February 19, 2020 to imprisonment with prison labor for April 1 and June 80 hours and the above judgment became final and conclusive on February 27, 2020". "The summary of evidence" is the same as the corresponding column of the judgment of the court below, except for adding "1. prior to the judgment and the judgment: the judgment" to "the summary of evidence" as stated in the corresponding column of the judgment of the court below. Thus, this is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The grounds for sentencing under Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of violence against a driver), Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), the latter part of Article 37 of the Criminal Act, Article 39(1) of the Act on the Punishment, etc. of Concurrent Crimes, Article 37, the former part of Article 38(1)2 of the Criminal Act, and Article 62(1) of the Criminal Act, among concurrent offenders under Article 39(1) of the same