A defendant shall be punished by imprisonment for one year.

A. Defendant 1’s imprisonment (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s 2nd instance court’s sentence (a fine of three million won) is too unhued and unreasonable.

2. As to the judgment of the court of first instance, the prosecutor filed an appeal against the judgment of the court of second instance against each of the judgment of the court of second instance and decided to jointly examine the case. As seen below, since the court of second instance selected imprisonment with prison labor for each of the crimes of the court of second instance, each of the crimes 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 shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act, and thus, the first and second judgment of the court of

3. Accordingly, the court below's judgment of the court below Nos. 1 and 2 is reversed without examining each of the above grounds for reversal of unfair sentencing. The court below's judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts of the crime and evidence acknowledged by this court is as follows: except for the case where "the victim, who had first escaped in the damaged clothes forest, was injured by an open saw which requires approximately two weeks of medical treatment" in the second sentence No. 4 and 6 of the judgment of the court below, stated in the corresponding column of the judgment of the court below as follows: "The victim, who had attempted to escape from ice and scambling, caused the injury to an open scam which requires approximately two weeks of medical treatment" as "the victim, who had attempted to escape from ice and scambling, caused the injury to an open scam which is damaged by an open scam which requires approximately two weeks of medical treatment." Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties) for criminal facts.