폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. According to the records of ex officio determination, the Defendant, on December 12, 2014, was sentenced to imprisonment with prison labor for four years for the following reasons: (a) the Busan District Court’s Dong Branch (2014Gohap 151, 156, 191, 197, 211, and 223 (Joint Bodily Injury); (b) the crime of obstruction of performance of special duties; (c) the crime of interference with business; (d) the crime of interference with business; (e) the violation of the Punishment of Violences, etc. Act (joint injury); (e) the crime of obstruction of special official duties; (f) the crime of forging private documents; and (f) the crime of uttering private documents (hereinafter “the crime of causing obstruction of special official duties”). However, on June 17, 2015, the Defendant’s appeal was dismissed at the Busan High Court; and (e) the judgment became final and conclusive on June 25, 2015.
Therefore, each of the crimes of this case and the injury resulting from special obstruction of performance of official duties, which became final and conclusive, have been placed in concurrent crimes under the latter part of Article 37 of the Criminal Act, and the judgment of the court below that did not apply thereto
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 assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[New reasoning of the judgment of the court below] The summary of the facts constituting the crime and evidence admitted by this court is added to the first head of the facts constituting the crime, except for the addition of "the defendant appealedd on December 12, 2014 from the Busan District Court's Busan District Court's Branch by being sentenced to four years of imprisonment with prison labor due to a special obstruction of performance of official duties, injury, etc. on the part of the Busan District Court's branch branch branch, and sentenced the dismissal of the appeal on June 17, 2015, which became final and conclusive on June 25, 2015," and therefore, it is identical to each corresponding column of the judgment of the court below.
Application of Statutes
1. Article 1-A of the judgment of the court below as to the crime
(b) d.;