A defendant shall be punished by imprisonment for not less than one year and six months.

A. The judgment of the court below in Article 2 of the scope of adjudication is not guilty of fraud among the facts charged in the instant case, and the charge of assault is dismissed, the charge of assault is in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.), and the obstruction of performance of official duties is committed, and the defendant was convicted of obstruction of official duties and sentenced to eight months of imprisonment

Therefore, since the judgment of the court of second instance became final and conclusive that the prosecutor and the defendant did not appeal and dismissed the prosecution, the subject of the judgment of this court is limited to the guilty portion among the judgment of the court of first and second instance.

B. The summary of the grounds for appeal (the first instance court's sentence: imprisonment with prison labor for 1 year and the second instance's conviction for 8 months) that the lower court rendered against the Defendant is too unreasonable.

2. Ex officio determination

A. After the court of first and second instances completed separate hearings against the defendant, the court of first and second instances sentenced the defendant to one year of imprisonment and eight months of imprisonment, and the defendant filed an appeal against each of the above judgments, and the court of first and second instances decided to jointly examine each of the above appeals cases.

B. Each of the judgment below against the defendant should be sentenced to a single sentence within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment below against the defendant cannot be exempted from reversal.

3. Accordingly, the judgment of the court below against the defendant is reversed in accordance with Article 364(2) of the Criminal Procedure Act, since the above grounds for reversal of authority as seen above exist, and the judgment below against the defendant is delivered through the oral argument without examining the defendant's above assertion

Criminal facts

The summary of the facts constituting the offense and the evidence recognized by the court, as well as the summary of the evidence, are described in each corresponding column of the original judgment.