A defendant shall be punished by imprisonment for six months.

A. The punishment sentenced by Defendant 1 (4 months of imprisonment) is too unreasonable.

B. The punishment sentenced by the lower court of the second instance by the prosecutor (a two years of suspended sentence in the month of imprisonment with prison labor, observation of protection between one year, and an order to attend alcohol treatment lectures for 40 hours) is too uneasible and unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

The defendant filed an appeal against the judgment of the court of first instance against the judgment of the court of second instance and the prosecutor filed an appeal against the judgment of the court of second instance, and the court of second instance decided to hold the above two appeals jointly, and each of the facts constituting an offense in the judgment of the court of first instance with the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to

In this respect, the judgment of the first and the second judgment cannot be maintained further.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without having to make a decision on the unfair argument of sentencing by the defendant and the prosecutor, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the first and second judgments, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties), Article 366 of the Criminal Act (the point of interference with the performance of official duties), Article 141(1) of the Criminal Act (the point of interference with the performance of duties), the choice of imprisonment for each type of punishment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The appellate court has tried to consolidate the cases on which the appeal was lodged after being sentenced to two separate punishments in the first instance court, and tried to deal with the cases as concurrent crimes, and reversed the entire judgment of the court below.