A defendant shall be punished by imprisonment for two years.

knifes confiscated by the defendant.

A. Defendant 2’s imprisonment (one year of imprisonment) is too unreasonable.

B. The first instance court’s sentence (one year and four months of imprisonment) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the defendant examined ex officio prior to the judgment on the grounds for appeal, and the prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of first instance, and this court decided to hold concurrent hearings of the above two appeals cases. Each of the offenses committed by the judgment of the court of first instance is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be sentenced in accordance with Article 38(1)

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and the judgment of the court below is reversed, and it is so decided as follows through oral proceedings.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to each of the relevant columns of the judgment below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 369 (1) of the Criminal Act (the point of destroying and damaging special objects), Articles 144 (1) and 136 (1) of the Criminal Act (the point of obstructing performance of special duties), Articles 60 (1) 2 and 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the point of administering narcotics, etc.);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment prescribed for the crimes of special obstruction of performance of official duties among the crimes of special obstruction of official duties, and the punishment prescribed for the crimes of special obstruction of official duties against heavy P);

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, and the Act on the Control of Narcotics, etc. around the end of June 2018, shall apply mutatis mutandis to the largest punishment for concurrent crimes.