The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. According to the reasoning of the Defendant’s appeal, prior to the judgment on the grounds of appeal, the records of this case and the theory of changes, the Defendant was sentenced on July 1, 2015 to six months of the suspension of execution of official duties at the Seoul Southern District Court, and the judgment became final and conclusive on February 12, 2016. 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 determined in consideration of equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, since the crime of obstruction of performance of official duties and the crime of this case are concurrent crimes after Article 37 of the Criminal Act, and thus, the judgment of the lower court

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

[Re-written judgment] The summary of criminal facts and evidence admitted by this court and the summary of the evidence are the criminal facts in the judgment of the court below, and the judgment of the court below became final and conclusive on February 12, 2016, when the defendant was sentenced to a suspension of execution for six months as a result of obstructing the execution of official duties in the Seoul Southern District Court on July 1, 2015.

In addition, “Before the judgment” is added in the summary of the evidence, “A” is the same as the corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the following: (A) a reply to inquiry, such as criminal history, case summary information, decision (Seoul Southern District Court Decision 2015No. 1113, Seoul Southern District Court Decision 2015No. 282).

Application of Statutes

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016) regarding criminal facts.