A defendant shall be punished by imprisonment for not less than eight months.

, however, for two years from the date this judgment becomes final and conclusive.

A. The punishment (two million won in separate amount) sentenced by the first instance court (as to the judgment of the first instance) is too unhutiled and unfair.

B. The punishment (two months of imprisonment, two years of suspended execution, two years of probation) imposed by the second instance judgment (with respect to the judgment of the second instance) is too unreasonable.

2. Prior to the judgment on the grounds of appeal for the judgment, this Court tried ex officio prior to the judgment on the grounds of appeal, and this Court tried by combining these cases with an appeal for each judgment of the court below. Each of the offenses in the judgment below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, each of the judgment below cannot

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor and the defendant, and the judgment below is reversed in its entirety and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 369(1), 366 of the Criminal Act, Articles 261 and 260(1) of the Criminal Act (the point of special violence, the choice of imprisonment), Article 136(1) of the Criminal Act concerning the choice of punishment (the point of obstructing performance of official duties, and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Violence Decision) (Special Violence). Violence crime is 03. (Type 6.)