공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for the period of three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is that the punishment determined by the court of the original judgment (two years of suspended sentence of ten months; two years of suspended sentence of imprisonment for four months; two years of suspended sentence of community service order and 120 hours) is too unreasonable.
2. Prior to the judgment on the grounds for appeal, we examine ex officio.
The appeal case against the judgment of the court of first instance, No. 2016 No. 4319, and the appeal case against the judgment of the court of second instance, was consolidated in the trial of the court of second instance.
Each of the crimes in the first and second judgments is concurrent crimes under the former part of Article 37 of the Criminal Act.
Pursuant to Article 38 (1) of the Criminal Code, a single sentence should be imposed within the scope of aggravated concurrent crimes.
Therefore, the judgment of the court below can no longer be maintained.
3. As such, the judgment of the court below Nos. 1 and 2 is reversed ex officio, and the judgment below is reversed in entirety pursuant to Article 364 (2) of the Criminal Procedure Act and it is again decided as follows, after hearing, on the grounds that there is a ground for reversal of the above authority.
【Grounds for another judgment】 The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are the same as stated in each corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;
1. The reason for sentencing in the proviso of Article 186(1) of the Criminal Procedure Act is that the defendant is led to the confession and reflect of the crime, and is the aged.
However, the criminal liability of the defendant is not against the law.
Crimes that interfere with the performance of official duties (the judgment of the court of first instance).