업무방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
The lower court applied Articles 6, 3(1), and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act to the criminal facts under paragraph (4) of the judgment below.
In this regard, Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act, which provides that the punishment of a person who commits an injury by carrying a deadly weapon or other dangerous object as a consequence of the promulgation and enforcement of the Act by Act No. 13718, Jan. 6, 2016, was deleted, and Article 3(1) and Article 2(1)3 of the former Punishment of Violences, etc. Act are deemed to be an amendment of the Act based on reflective consideration that the previous sentencing was too serious. As such, the Act on Punishment of Violences, etc. cannot be applied to the above facts charged, and Article 258-2(3) and (1) of the Criminal Act, which was newly established through a minor sentence, should be applied to the special attempted crime of injury (the attempted special injury is included in the facts charged, and it is within the scope that can be recognized without any amendment of the Act).
Therefore, the judgment of the court below on the attempted special injury cannot be maintained, and this part of the facts charged and the remainder of the facts charged should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Accordingly, the judgment of the court below cannot be maintained in its entirety.
3. In conclusion, 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 through pleading.
[Judgment which has been used again] The summary of facts constituting an offense and evidence is recognized by the court.