All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

A saw for industrial use seized.

1. The gist of the grounds for appeal is that the respective punishment of the lower court (the 3 years of imprisonment with prison labor and confiscation, and the 4 million won of fine: the 2nd judgment) is too unreasonable.

2. We examine ex officio the judgment of the court below on the grounds of appeal.

The judgment of the court below against the defendant was rendered and the defendant filed an appeal against all of the judgment below, and this court decided to hold a joint hearing of the two appeals cases.

Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, the judgment below cannot be maintained as it is.

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

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 144(1) and 136(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act concerning criminal facts, and Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the crimes of special obstruction of performance of official duties against each other, and the punishment for the crimes of special obstruction of performance of official duties against C with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the maximum penalty for concurrent crimes with the punishment stipulated for the heavier special obstruction of performance of official duties, shall be the penalty, and the minimum penalty shall be the penalty stipulated for the former Road Traffic Act;