The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

1. The summary of the grounds for appeal (the sentencing of the prosecutor) by the lower court (the sentencing of the penalty of KRW 3 million) is deemed to be too uneasy and unreasonable.

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

According to the records, the defendant was sentenced to eight months of imprisonment for a crime of obstructing the performance of official duties and obstructing the performance of duties in the Seoul Southern District Court on April 13, 2018, and the judgment became final and conclusive on April 21, 2018.

Therefore, the crime of the judgment of the court below against the defendant and the crime of obstructing the execution of the above official duties for which the judgment of the court below became final and conclusive, shall be sentenced to punishment for the crime of the court below in consideration of equity with the case where the judgment is to be rendered at the same time in accordance with Article 39 (1) of the Criminal Act.

In this respect, the judgment of the court below cannot be maintained as it is.

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.

【Judgment in Seoul Southern District Court (hereinafter “Seoul Southern District Court”) rendered a sentence of eight months on November 5, 2015 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( driver’s assault, etc.) on June 19, 2015, and completed the execution of the sentence on April 13, 2018. The judgment became final and conclusive on April 21, 2018.

Article 369 of the Criminal Procedure Act provides that “(1) previous convictions in the judgment of the court below shall be added to “(1) prior convictions in the judgment of the court below: criminal history and other inquiries, investigation reports (the confirmation of criminal facts A, repeated crimes, and records of the same kind), and judgments” shall be the same as the corresponding column of the judgment of the court below, and thus, shall be cited as they are in accordance

Application of Statutes

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