특수공무집행방해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for 4 months and imprisonment with prison labor for 6 months) by the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court below. Since each of the offenses the judgment of the court below issued is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below which sentenced a separate punishment for each of the above offenses cannot be maintained in this respect.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Articles 144 (1) and 136 (1) of the Criminal Act (the point of obstructing the performance of special duties);
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a person who violates the Road Traffic Act and a person who violates the Road Traffic Act (a person without a license) on October 3, 2016, and punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of each sentence of imprisonment;
1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes resulting from the obstruction of the execution of special duties, the largest punishment, shall be increased: Provided, That the lowest punishment shall be determined by the punishment specified for the crime of violation of Road Traffic Act (driving of Drinking);
1. The Criminal Act for mitigation of quantity;