The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of two months.

1. The summary of the grounds for appeal: The punishment (two million won in penalty) that the court below rendered in an unfair sentence for sentencing is too uneasy and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to four months of imprisonment by obstructing the performance of official duties at the Daejeon District Court on June 28, 2018 and the judgment became final and conclusive on July 4, 2018. Thus, the crime of the judgment in the lower court and the crime of obstructing the performance of official duties for which the judgment became final and conclusive on July 4, 2018 are concurrent crimes under Article 37 of the Criminal Act, and the crime of obstructing the performance of official duties at the same time under Article 39(1) of the Criminal Act are concurrent crimes.

Therefore, the judgment of the court below cannot be maintained.

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

Criminal facts

The summary of the facts constituting a crime and evidence admitted by this Court is the first head of the lower judgment’s failure to commit a crime. “The Defendant was sentenced to four months of imprisonment with prison labor on June 28, 2018 by the Daejeon District Court for interference with official duties, etc., and the judgment became final and conclusive on July 4, 2018.

“In addition to adding “1. additional evidence submission” to the column for the examination of evidence, it is identical to the description in each corresponding column of the judgment of the court below. As such, it shall be cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Code dealing with concurrent crimes: (a) the reason for sentencing under Article 39(1) of the Criminal Code is relatively minor; (b) the emergency rescue company, who was directly assaulted by the defendant, is not subject to punishment against the defendant; and (c) the defendant's main figures are deemed to have expressed their preference against the defendant.