공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
On May 24, 2018, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution at the Daejeon District Court on May 24, 2018, and the judgment became final and conclusive on June 1, 2018.
The instant crime committed prior to the final judgment and the final judgment are in a concurrent relationship between the latter part of Article 37 of the Criminal Act and the latter part of Article 39(1) of the Criminal Act, and the sentence shall be imposed in consideration of equity and the same.
The judgment of the court below cannot be maintained as it is.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is decided as follows.
【The reasoning of the judgment that was used again 【The facts constituting a crime and the summary of evidence recognized by the court below 】 On May 24, 2018, the judgment of the court below became final and conclusive on June 1, 2018, by having been sentenced to six months of imprisonment with prison labor for an injury at the Daejeon District Court on May 24, 2018 and one year of suspended execution.
In addition, “1. Before the judgment of the court below,” under the second sentence of the judgment of the court below on the 9th page, except for adding “the printed matter and the text of the judgment (Seoul District Court Decision 2018 Godan 735) bound in the trial records,” it is the same as the corresponding column in the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation did not lead to a serious result of the Defendant’s crime.
The defendant recognizes his wrong and reflects his wrong.
The principle of equity is to be judged simultaneously with the crime of injury which has become final and conclusive.