All convictions in the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Of the facts charged in the instant case, the lower court dismissed the prosecution as to the obstruction of performance of official duties, and pronounced guilty as to the obstruction of performance of official duties.

However, since the prosecutor appealed only the guilty portion of the judgment of the court of second instance on the ground of unreasonable sentencing, and did not appeal the dismissed portion, the dismissal of prosecution in the judgment below is determined separately, and only the remaining guilty portion is subject to the judgment of this court.

2. The summary of the grounds for appeal is unreasonable because the punishment of the original judgment (the first instance judgment: imprisonment with prison labor for 1 year, and the second instance judgment: the fine of 3 million won) is too unreasonable.

3. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and this court decided to hold concurrent hearings of each of the above appeal cases. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed within the scope of aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained in this respect.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act and Article 364 (2) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing, and it is again decided as follows.

【Discrimined Judgment】 The criminal facts and summary of evidence against the defendant recognized by the court are identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 355(2) and (1) of the Criminal Act concerning criminal facts, the choice of punishment, and Article 136(1) of the Criminal Act (the point of obstructing performance of official duties and choice of imprisonment).