공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, and eight hours of social service) declared by the court below is too unfased and unreasonable.
2. We examine ex officio the Prosecutor’s grounds for appeal prior to the judgment.
According to the evidence duly adopted and examined by the court below and the trial court, the defendant was sentenced to two years of suspension of execution on July 14, 2016 at the Busan District Court for a crime of fraud and a crime of violation of the Labor Standards Act in Busan District Court on July 22, 2016, which became final and conclusive on July 22, 2016. The crime of the court below and each of the above crimes for which the judgment of the court below against the defendant became final and conclusive on July 22, 2016 are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of the court below in consideration of equity with which the judgment
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is ruled as follows through pleading.
[C] The summary of the facts constituting a crime and evidence recognized by the court of this Court is the first head of the facts constituting a crime. The defendant added "the defendant was sentenced to two years of suspension of execution on July 14, 2016 at the Busan District Court, which was sentenced to six months of punishment due to the violation of the Labor Standards Act, and the above judgment became final and conclusive on July 22, 2016." The summary of the evidence added "in the end of the trial: inquiry of summary information and judgment" to "in the end of the trial," and therefore, it is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable pursuant to Article 369
Application of Statutes
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act is the instant crime.