특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence of the lower court (eight months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant
The Defendant was sentenced to six months of imprisonment or two years of suspension of execution of official duties at the Busan District Court on September 19, 2017, and the judgment becomes final and conclusive on April 20, 2018. The crime of the lower court’s judgment and the crime of obstructing the performance of official duties, etc. against the Defendant, which became final and conclusive, are concurrent crimes with a group after Article 37 of the Criminal Act, and shall be sentenced to punishment for the crime of the lower court’s judgment in consideration of equity with the case of concurrent crimes under Article 39(1) of the Criminal Act.
In this regard, the prosecutor sentenced the defendant to the charge of the indictment in this case on September 19, 2017, "the defendant was sentenced to six months of imprisonment and two years of suspended execution due to interference with the execution of official duties at the Busan District Court on September 19, 2017, and the judgment became final and conclusive on April 20, 2018.
In addition, “the latter part of Article 37 of the Criminal Act,” and “Article 39(1) of the Criminal Act” under the applicable law was applied for permission to amend the Bill of Indictment, and this Court permitted this.
In this respect, the judgment of the court below is no longer maintained.
3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts and summary of evidence recognized by this court, and criminal facts in the first head "criminal facts" were sentenced to six months of imprisonment with prison labor and two years of suspended execution due to interference with official duties in the Busan District Court on September 19, 2017, and the judgment on April 20, 2018 became final and conclusive.
B. Before the judgment of the court below, “the summary of evidence” was 1. A criminal investigation report (the confirmation of concurrent crimes after Article 37 of the Criminal Act) and each copy of the judgment of the court below, except for addition of “B”.