The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable, because the punishment imposed by the court below (one year of imprisonment) is too unreasonable.

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

On July 24, 2019, the public prosecutor sentenced the defendant to six months of imprisonment with prison labor for fraud, etc., two years of suspended execution, and one million won for a crime of obstruction of performance of official duties in the Daejeon District Court on July 18, 2019, and the judgment became final and conclusive on November 30, 2019. On December 5, 2019, the public prosecutor applied for changes in indictment by adding "Articles 37 and 39 (1) of the Criminal Act" to the applicable provisions of law, and this court was changed to the subject of adjudication by granting permission.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above.

[Dao-written judgment] Criminal facts and summary of evidence added to the criminal facts [criminal records] of the judgment of the court below that "the defendant was sentenced to eight months of imprisonment with prison labor for the obstruction of performance of official duties by the Daejeon District Court on July 18, 2019 and the judgment became final and conclusive on December 5, 2019." The summary of evidence added "a copy of the investigation report (related to final and conclusive judgment), a copy of the judgment of each court, and a copy of the search screen of the integrated case" as stated in the corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 260 (1) of the Criminal Act of the corresponding Article of the Criminal Act for the crime (including violence, inclusive) and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Articles 152 subparagraph 1 and 43 of the Road Traffic Act for the crime;

1.Article 40 of the Criminal Code of Trade and Trade.