The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. On October 25, 2013, according to the records of this case, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties at the Daegu District Court on October 25, 2013, and the said judgment became final and conclusive on November 2, 2013. As such, the crime of obstruction of performance of official duties and the crime of this case, for which the judgment became final and conclusive, are in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act, with the same judgment at the same time under Article 39(1) of the Criminal Act, and after examining whether to reduce or exempt the sentence, the lower judgment cannot be upheld.

3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without a need to judge the prosecutor's and the defendant's argument, and it is again decided as follows.

Criminal facts

The summary of the facts charged and evidence against the defendant recognized by this court is as follows: "The defendant was sentenced to a two-year period of suspension of execution on October 25, 2013 by imprisonment with prison labor for the crime of obstruction of performance of official duties at the Daegu District Court, which became final and conclusive on November 2, 2013." The summary of the evidence is as follows: "The above judgment was finalized on November 2, 2013." Except for addition of "the case: case inquiry (2013No686), second instance judgment (2013No686), second instance judgment (2013No686), and second instance judgment (2013No773)" as stated in each corresponding column of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of punishment;

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