공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment) and the fact that the defendant reflects the wrongs of the defendant, and that there were many difficulties in living in the detention center, and thus, the defendant failed to accept several times, and that the defendant committed the instant crime, the sentence of the court below that sentenced six months to imprisonment is too unreasonable.
2. We examine ex officio prior to the determination of the grounds for appeal.
According to the fixed date inquiry statement, a copy of the judgment, and the defendant's statement at the court of trial, the defendant is sentenced to imprisonment with prison labor for a period of two years on October 16, 2014 due to a violation of the Punishment of Violences, etc. Act (Habitual Injury) at the Suwon District Court on Punishment of Violences, etc., and the above judgment becomes final and conclusive on December 24, 2014.
However, since the crime of the decision of the court below committed by the defendant is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with each of the above crimes for which the judgment of the court below became final and conclusive, the punishment shall be determined in consideration of equity in the case of
As a result, the lower court erred by exceeding the bounds of the Act and subordinate statutes that affected the conclusion of the judgment.
3. Conclusion, pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below is reversed ex officio and it is ruled as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are as follows: "The defendant's criminal facts and the summary of the evidence were terminated" of the crime No. 3 of the judgment of the court below; "The defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual Injury) at the Suwon District Court on October 16, 2014, and the above judgment became final and conclusive on December 24, 2014." The summary of the evidence is as follows:
1. A certified fixed date inquiry;
1. In addition to the addition of "a copy of the judgment of the court", all of them are cited in accordance with Article 369 of the Criminal Procedure Act, since each corresponding column of the judgment of the court below is the same.