공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio the Defendant’s grounds of appeal prior to the judgment on the grounds of appeal.
On January 12, 2017, the defendant was sentenced to six months of imprisonment for special injury, etc. in Daejeon District Court 2015No 3555, and the fact that the judgment became final and conclusive on January 20, 2017 is significant in this court.
As above, in the crime of the judgment of the court below against the defendant and the crime of special bodily injury for which judgment became final and conclusive, in the concurrent crime relationship after Article 37 of the Criminal Act, the punishment for the crime of the judgment of the court below shall be sentenced in consideration of the equity in the case where the judgment is concurrently rendered in accordance with the main sentence of
In this respect, the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed and it is again decided as follows.
[Re-written judgment] The criminal facts and the summary of the evidence acknowledged by this court are as follows: "The defendant was sentenced to six months of imprisonment for special injury, etc. by the Daejeon District Court on January 12, 2017, which became final and conclusive on January 20, 2017," and the main part of the evidence is as stated in the corresponding column of the judgment of the court below, except for adding "1. The records of the judgment in this court: the records of the judgment in this court are significant facts: it is the same as stated in the corresponding column of the judgment of the court below, and it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that the defendant's reason for sentencing Article 39 (1) of the Criminal Code to the punishment of the same crime is disadvantageous to the defendant who re-offenders the crime of this case during the period of repeated crimes, but all of the crimes of this case are