The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of a fine of KRW 3 million imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. According to the records of this case’s judgment ex officio, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of assault on November 8, 2017 at the Seoul Northern District Court, and one year of suspended execution, and the judgment becomes final and conclusive on November 16, 2017, and the same court was sentenced to eight months of imprisonment with prison labor and two years of suspended execution on November 17, 2017, and the judgment became final and conclusive on November 25, 2017.

However, since the crime of this case is in the concurrent relationship between the crime of assault for which punishment became final and conclusive, the crime of interference with the performance of official duties, and the crime of this case after Article 37 of the Criminal Act, the judgment of the court below was no longer maintained in this regard.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Grounds for a new judgment] The summary of facts constituting a crime and evidence recognized by the court is the first head of the facts constituting a crime, and the judgment was finalized on November 16, 2017 upon the Defendant’s imprisonment with prison labor for four months at the Seoul Northern District Court on November 8, 2017, with one year’s suspension of execution, and the judgment became final and conclusive on November 16, 2017. On November 17, 2017, the same court was sentenced to eight months of imprisonment with prison labor and two years of suspension of execution and on November 25, 2017.

“A previous conviction in the judgment of 1.” in the last summary of the evidence, except for the addition of each of the judgments (Seoul Northern District Court Decision 2017 High Court Decision 2017 High Court Decision 3436, Seoul Northern District Court Decision 2017No. 1892) to the respective corresponding columns of the judgment of the court below, this shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 260 of the Criminal Act applicable to the crime and the choice of punishment.