공무집행방해등
All judgment of the first instance is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (the first instance judgment: Imprisonment with prison labor for 6 months and the second instance judgment: Imprisonment with prison labor for 6 months) is too unreasonable;
2. The court decided to hold a joint hearing of each appeal case against the judgment of the court of first instance.
Each of the judgments of the first instance against the accused shall be sentenced to a single sentence within the scope of a prison term imposed under Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.
In this respect, the judgment of the first instance cannot be maintained as it is.
3. As such, the judgment of the court of first instance is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment below is ruled as follows through pleading.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of the relevant column of the judgment of the court of first instance, and thus, it is acceptable to accept it 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, Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, Article 257(1) of the Criminal Act, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act among repeated crimes;
1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are as follows: (a) in this case, a person who does not go to the public is injured by a trial fee; and (b) in a legitimate manner, a police officer who is performing official duties with severe humiliation and assault is not good.
There is a lot of history of punishment for the same crime against the defendant, and there is no effort to recover the damage of the victims.
In addition, the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, living environment, and criminal records, shall be determined as ordered by considering various sentencing conditions.