The judgment of the court below is reversed.

The sentence against the accused shall be 7,000,000 won.

Defendant. A fine.

1. Reasons for appeal;

A. The Defendant had a mental disorder under the influence of alcohol.

B. The punishment of the lower court is heavy.

2. Determination

A. According to the record on the assertion of mental disorder, even though the Defendant was deemed to have served alcohol at the time of each of the crimes in this case, in view of the background leading up to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., the Defendant was in a state that the Defendant had no or weak ability to discern things or make decisions due to drinking.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

B. We examine ex officio prior to the judgment on the defendant's improper grounds for appeal for sentencing.

According to the records, the Defendant was sentenced to the suspension of the execution of his/her duties in the Seoul Northern District Court on April 8, 2016 and was sentenced to two years of suspension of the execution of his/her duties on April 16, 2016, and the judgment became final and conclusive on April 16, 2016.

The crime of the judgment of the court below against the defendant and the crime of obstructing the execution of official duties for which judgment has become final and conclusive are concurrent crimes of the latter part of Article 37 of

This court is obliged to reverse the judgment of the court below on the ground that the punishment is to be determined in consideration of equity in the case where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's grounds for appeal for an improper appeal, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

On April 8, 2016, the summary of the crime and evidence against the defendant recognized by this court was sentenced to two years of suspension of execution on April 16, 2016 by the Seoul Northern District Court on the first head of the crime and the summary of the evidence became final and conclusive.

Except for addition, the corresponding column of the judgment of the court below is the same as the corresponding column of the judgment of the court below, and it is quoted in accordance with Article 369 of the Criminal Procedure Act.