The judgment below

Part other than the costs of lawsuit shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that this shall not apply.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant

The Defendant was sentenced to two years of suspension of execution on July 21, 2016 by imprisonment with prison labor for the obstruction of performance of official duties at the Gwangju District Court on October 16, 2017, and the judgment became final and conclusive on August 16, 2017. As such, the crime of injury and the obstruction of performance of official duties for which judgment became final and conclusive on August 16, 2017, in relation to a group of concurrent crimes after Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of injury in consideration of equity with which judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act.

3. As such, the part of the judgment below excluding the cost of lawsuit among the judgment below is reversed ex officio, the part of the judgment below excluding the cost of lawsuit among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed without examining the defendant's unfair argument of sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is the first head of the lower judgment on July 21, 2016 and the judgment on August 16, 2017 became final and conclusive on the following grounds: “The Defendant was sentenced to a suspended sentence of two years for a period of ten months by obstructing the performance of official duties in the Gwangju District Court on July 21, 2016.

In addition, “the Defendant’s partial statement” in the summary of the evidence of the lower judgment is changed to “the Defendant’s legal statement” and the deletion of the overall defense part, it is identical to each corresponding column of the lower judgment. As such, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The degree of injury of the victim on the grounds of sentencing under Article 62(1) of the Criminal Act is very high.