The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

The summary of the grounds for appeal (six months of imprisonment) of the lower court is too unreasonable.

According to the records of this case’s judgment ex officio, the Defendant was sentenced to ten months of imprisonment with prison labor on December 20, 2017 by obstructing the performance of official duties at the Seoul Eastern District Court on June 19, 2018, and the above judgment became final and conclusive on June 19, 2018. The lower court’s criminal facts are in the relation of concurrent crimes with the above crime for which punishment becomes final and the group after Article 37 of the Criminal Act, and determined a punishment in consideration of the equity with which judgment is rendered at the same time under Article 39(1) of the Criminal Act.

3. Therefore, 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 of sentencing, and the judgment below is ruled as follows through pleading.

【The grounds for the new judgment of the court for criminal facts and the summary of the evidence are as follows. The part of the facts constituting the crime of the court for criminal facts recognized by this court for the summary of the facts constituting the crime of the court for criminal facts and the summary of the evidence is modified as follows. With the exception that “1. Criminal history inquiry of the court for criminal facts: Criminal history inquiry of the court for criminal facts; criminal history inquiry of the court for criminal facts; summary information of the case;” it is identical to each corresponding column of the court for the court for criminal facts, and thus, it is cited pursuant

(Final Judgment) On December 20, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor by obstructing the performance of official duties at the Seoul Eastern District Court, and the said judgment became final and conclusive on June 19, 2018.

Application of Statutes

1. Article 152 of the Act applicable to the facts constituting an offense and Articles 152 subparagraph 1 and 43 of the Road Traffic Act that choose a penalty;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) the reason for sentencing under Article 39(1) is that the defendant committed the instant crime during the period of repeated crimes and has several records of punishment for the same kind of crime; and (b) the defendant has been tried together with the final and conclusive judgment of the court.