공무집행방해등
The judgment of the court below Nos. 1 and 2 shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The sentence imposed on the accused by the first and second depths of the grounds for appeal (one year and two months of imprisonment and six months of imprisonment) is too unreasonable.
2. Ex officio determination, the defendant appealed against the judgment of the court below Nos. 1 and 2, and this court decided to consolidate the above two appeals cases. The crime of the judgment of the court of first instance and the crime of the judgment of the court of second instance in the judgment of the court of second instance against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below Nos. 1 and 2 cannot be maintained as they are.
3. As seen above, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment of the court below Nos. 1 and 2 is reversed, and the following is again decided after pleading.
【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the statements in each corresponding column of the first and second judgments, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, Article 260(1) of the Criminal Act (the point of each assault), Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of obstructing the performance of official duties), each choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have many criminal records related to violence against the defendant. The defendant committed each of the crimes of this case again during the period of repeated crime of the same criminal records (Interference with the performance of official duties), and the crime of obstructing the performance of official duties for the normal operation of public authority should be punished strictly, and the crime is bad in light of the contents of the crime by the defendant, and the defendant interferes with the performance of official duties.