The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and the first head of the facts charged in the instant case at the trial, and the prosecutor applied for the amendment of an indictment with the content that “the defendant was sentenced to eight months of imprisonment with prison labor on September 26, 2014 from the Changwon District Court Branch Branch, which became final and conclusive on January 12, 2015 due to the obstruction of performance of official duties,” adding “the latter part of Article 37 and Article 39 of the Criminal Act” to the applicable provisions of law, and the judgment of the court below cannot be maintained any longer since the subject of the judgment was changed by

3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal based on the conclusion of the judgment below, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the evidence admitted by this court is as follows: “The defendant was sentenced to eight months of imprisonment with prison labor on September 26, 2014 at the Jinwon District Court's Jinwon Branch's Jinwon Branch's Jinwon Branch's Jin Branch's Jin branch on January 12, 2015, which became final and conclusive on January 12, 2015; and the summary of the evidence is as stated in the corresponding column except for addition of the judgment (Jinju support 2014No627), the judgment (Jinju Support 2014No268), and the judgment (Supreme Court Decision 2014Do16746) as it is in accordance with Article 369 of the Criminal Procedure Act.”

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant has been sentenced to imprisonment with prison labor due to drinking, driving without a license, etc. in the past.