특수공무집행방해치상등
The guilty portion of the judgment of the first instance and the second judgment shall be reversed, respectively.
Two years of imprisonment with prison labor for the accused.
1. The lower court, among the facts charged, rendered a judgment dismissing public prosecution on the violation of the Act on the Punishment, etc. of Violence, and rendered a judgment of conviction on the remainder of the facts charged.
However, since the prosecutor appealed only for the guilty portion of the judgment of the court of first instance and the rejection portion of the above dismissal is separated and confirmed as it is, the rejection portion is excluded from the scope of the judgment of the
2. Summary of grounds for appeal;
A. The sentence of the judgment of the first instance court (three years of suspended execution for two years of imprisonment) by the prosecutor is too unhued and unreasonable.
B. The punishment (six months of imprisonment) of the lower judgment by Defendant 2 is too unreasonable.
3. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.
The judgment of the court below in the first and second instances against the defendant was rendered, and the prosecutor filed each appeal against the judgment of the court of first instance against the guilty portion of the judgment of the court of second instance, and this court decided to hold a joint hearing of each of the above appeals cases.
Since the first and second judgments against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act, the conviction portion of the first and the second judgment cannot be maintained as they are.
In addition, on May 23, 2019, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor at the Gwangju District Court on May 23, 2019, and the above judgment became final and conclusive on May 21, 2019. Each of the crimes in the judgment of the first instance is in the concurrent relationship between the above bodily injury crime for which judgment became final and the latter part of Article 37 of the Criminal Act, and a sentence is determined in consideration of equity and the same is to be adjudicated at the same time pursuant to Article 39(1) of the Criminal Act.
(2) On March 1, 200, the first instance court's conviction and the second instance court's judgment are reversed ex officio.