The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. As to the Defendant’s assertion of unfair sentencing, the Defendant was punished several times as crimes of obstruction of performance of official duties, and the Defendant again committed the instant crime even though he/she had been in office for the same kind of crime of suspension of execution.

However, in light of the Defendant’s attitude to reflect in depth during the period of detention, and the fact that it appears that the Defendant was trying to avoid re-offending, such as receiving hospitalized treatment from a hospital due to alcohol identification during the period of suspension of execution, and other factors such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, criminal records, etc., the sentence imposed by the lower court is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant Article 314(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

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

(a) Crimes 1 (Determination of Types of Interference with Business) (Interference with Business) and 01 (Type 1) have no interference with business [the scope of recommending area and recommendation] (the scope of recommending area and recommendation] basic area, 6 months to 1 year and 6 months;

B. Second Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) [Article 1] The obstruction of the performance of official duties/performance of official duties [Article 1] and there is no person who has been forced to perform official duties [the scope of recommendation area and recommendation range].