All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. Determination of the Defendant’s punishment (unfair sentencing: Imprisonment with prison labor for 8 months and the second instance: imprisonment for 4 months and the third instance: imprisonment with prison labor for 1 year) is unreasonable.

B. The determination of the three original sentence of the Prosecutor (unfair sentencing) is unhuable and unreasonable.

2. Each of the offenses of the judgment below that the court joined the judgment of ex officio is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act.

The judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed ex officio.

In accordance with Article 364(2) of the Criminal Procedure Act, all of the appeals shall be reversed and the judgment shall be rendered as follows.

Criminal facts

On December 9, 2020, the summary of the facts charged and evidence recognized by the court was sentenced to a suspended sentence of two years on December 17, 2020 by the defendant for a violation of the Road Traffic Act in the Busan District Court's Busan District Court's branch branch branch's "the defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act."

In addition to the addition of “”, the judgment of the court below is as the corresponding column.

Article 369 of the Criminal Procedure Act is cited as it is.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the choice of punishment (the fraud, the selection of punishment by imprisonment), Article 136(1) of the Criminal Act (the obstruction of performance of official duties, the selection of imprisonment), Article 260(1) of the Criminal Act (the occupation of assault, the choice of imprisonment), Article 366 of the Criminal Act, Article 283(1) of the Criminal Act (the occupation of intimidation, the choice of imprisonment), Articles 143 and 141(1) of the Criminal Act (the intention of attempted damage to goods for public use, the choice of imprisonment), Articles 148-2(1) and 44(1) of the Road Traffic Act (the choice of imprisonment and the choice of punishment)

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of reflectivity, mental health status, the records of the same crime, the frequency and method of the crime, and the final judgment for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, Article 55(1)3 of the Act is simultaneously the same.