공무집행방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (one year and two months) of the original judgment is too unreasonable.
2. According to the ex officio determination records, the Defendant, at the Busan District Court on August 23, 2013, sentenced one year and nine months to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and confirmed on October 28, 2013. Since each of the instant offenses was committed before the judgment becomes final and conclusive, a punishment should be determined after considering equity and the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act with the Act on the Control of Narcotics, etc., for which judgment becomes final and conclusive.
However, since the judgment of the court below is too excessive, it cannot avoid reversal in this respect.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as above, and the following decision is rendered through pleadings.
Criminal facts
The summary of the facts and evidence recognized by this court is that the last reduction of the facts constituting the crime of the lower judgment [criminal records] is "ended," and the following is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for adding "the above judgment became final and conclusive on October 28, 2013, by being sentenced to imprisonment with labor for not less than one year and nine months for the violation of the Act on the Control of Narcotics, etc., at the Busan District Court on August 23, 2013," which is the same as the corresponding column of the lower judgment.
Application of Statutes
1. Articles 136 (1), 257 (1) and 311 of the Criminal Act applicable to the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. The latter part of Article 37 of the Criminal Act dealing with concurrent crimes;