A defendant shall be punished by imprisonment with prison labor for four months.

2. According to the ex officio decision-making records, the Defendant appealed on February 17, 2016 after being sentenced to imprisonment with labor for one year and two months due to the obstruction of duties, the crime of injury, and the crime of interference with the performance of official duties by this court. However, on May 25, 2016, the Defendant was sentenced to dismissal of an appeal by this court, and such judgment became final and conclusive on June 2, 2016.

According to the conclusion of the above judgment, since the crime of this case and the crime of interference with the above duties, the crime of injury, and the crime of interference with the execution of official duties are concurrent crimes by the latter part of Article 37 of the Criminal Act, a punishment for each crime as stated in the judgment of the court below shall be imposed in consideration of equity with the case where the judgment is to be rendered at the same time in accordance with the main sentence of Article 39 (1) of the Criminal Act.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: "The defendant was sentenced to one year and two months of imprisonment by the Gwangju District Court on February 17, 2016, due to the obstruction of business, injury, and obstruction of the performance of official duties, and appealed, but the appeal was dismissed by the Gwangju District Court on May 25, 2016, and the judgment became final and conclusive on June 2, 2016.

In addition, “other than adding” is the same as indicated in each corresponding column of the lower judgment, and thus, this is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of harm, the choice of imprisonment with prison labor) concerning the facts constituting an offense, and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment with prison labor);

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, but the latter part of Article 39(1).