The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. The sentencing of the court below is too uncomfortable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor.

According to the records, the Defendant was sentenced to a suspended sentence of three years on October 14, 2016 to one year by obstructing the performance of official duties in the Gwangju District Court Branch Branch, etc., and the said judgment became final and conclusive on July 20, 2017. As such, the crime of obstructing the performance of official duties for which judgment became final and conclusive and the crime of violating the Emergency Medical Service Act in the Emergency Medical Service Act as stated in the judgment of the lower court is in the concurrent crime relationship after Article 37 of the Criminal Act, and the punishment is determined at the same time after considering the equity and the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act, so the lower judgment cannot be exempt from reversal in this respect.

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

Criminal facts

The summary of the facts charged and evidence acknowledged by this court shall be changed to "the defendant was sentenced to a suspended sentence of one year to one year by obstructing the performance of official duties, etc. on October 14, 2016, and the prosecutor appealeded to the court of appeal on October 14, 2016, and is currently pending in the court of appeal" as "the defendant was sentenced to a suspended sentence of one year to three years by obstructing the performance of official duties in the Gwangju District Court Branch Support on October 14, 2016, and the above judgment became final and conclusive on July 20, 2017." On July 20, 2011 of the judgment of the court below, "1. Criminal records as stated in the judgment of the court below: inquiry about criminal records, etc., inquiry of criminal history, etc., search of the Supreme Court case, written verdict, written indictment, and written indictment" added to "the defendant's legal statement" under Article 369 of the Criminal Procedure Act. Thus, this shall be cited as it is in accordance with the corresponding column of the judgment below.

Application of Statutes

1. Criminal facts;