The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (five months of imprisonment, two years of suspended sentence, two years of suspended sentence, and order to attend a course) declared by the court below is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, according to the statement of the defendant in this court, the defendant was sentenced to the punishment of obstruction of performance of official duties, six months of imprisonment due to violence, and two years of suspended execution on June 24, 2020. The above judgment became final and conclusive on July 2, 2020. Since each of the crimes in the judgment of the court below against the defendant and the above crimes for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, in accordance with the former part of Article 39(1) of the Criminal Act, the punishment for each of the crimes in the judgment of the court below shall be imposed on the defendant in consideration of equity in the case where the judgment is to be held simultaneously, and in this regard, the judgment of the

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Discied reasoning of the judgment below] The summary of criminal facts and evidence added "the defendant was sentenced to two years of obstruction of performance of official duties, obstruction of execution of official duties, and suspension of execution on July 2, 2020 as sentenced to six months of imprisonment with prison labor on June 24, 2020" to the first head of the crime committed by the court below and the summary of the evidence as well as the first head of the crime committed by the court below. The above judgment was finalized on July 2, 2020. In addition, "the defendant's statement in this court" was added to the last part of the main column of the evidence: the defendant's statement in this court below's corresponding column. Thus, it is cited as it is in accordance with

Application of Statutes

1. Relevant Article 136(1) of the Criminal Act, Article 245 of the Criminal Act, and the choice of imprisonment for the crime

1. The former part of Article 37 of the Criminal Code among concurrent crimes.