공무집행방해등
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 sentence of each court below (the first instance court: imprisonment with prison labor for eight months and the second instance court: imprisonment with prison labor for four months) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
The first and second original judgments were sentenced to each of the defendants, and the defendant filed each appeal against the first and second original judgments, and the court decided to hold the first and second original judgments together with the case of the second and the second original judgment.
Since each crime of the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained any more.
3. As the judgment of the court of first and second trials on the grounds of the above ex officio reversal, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's respective arguments on unfair sentencing, and it is again decided as follows through pleading.
【Reason used in multi-level judgment】 The facts constituting a crime and the summary of evidence recognized by the court, and the summary of evidence, are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except where “the defendant’s statement in this court” is added to “the summary of evidence” in the first instance judgment.
Application of Statutes
1. The reason for sentencing of punishment for an offense of obstruction of performance of official duties under Article 136(1) of the Criminal Act, Article 74(1)3, Article 44-7(1)3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (including repeated transmission of language and text causing unfoldion), Article 319(1) of each Criminal Act, Article 319(1) of the same Act, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which increases the number of concurrent crimes resulting from the aggravated punishment of imprisonment, is applicable;
1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;
2. The sentencing criteria shall be based on; and