The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. The decision of the court below on the grounds of appeal is too unreasonable because the sentence imposed on the defendant is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to 10 imprisonment by the Incheon District Court on May 11, 2015 with prison labor for a crime of interference with the performance of official duties, and the judgment became final and conclusive on September 3, 2015. Thus, since the crime for which the judgment became final and the crime of this case are concurrent crimes with a group after Article 37 of the Criminal Act, the sentence shall be determined after examining whether to reduce or exempt punishment by taking into account the case at the same time and equity pursuant to Article 39(1) of the Criminal Act. Since the application of the statutes of the lower court omitted the concurrent crimes, the lower judgment is no longer maintained.

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

Criminal facts

The summary of the facts charged against the defendant and the summary of the evidence recognized by this court was sentenced to ten months of imprisonment by the Incheon District Court on May 11, 2015, and the judgment became final and conclusive on September 3, 2015.

“1. Criminal Records as indicated in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “1. Criminal Records” to the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on the Punishment of Minor Offenses, and Article 3 (3) 1 of the Punishment of Minor Offenses Act, and Selection of fines for the crimes;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. The crime committed by the Defendant on the grounds of sentencing under the latter part of Article 39(1) of the Exemption of Criminal Act is that the disturbance is avoided in the earth that is a public institution, and the nature of such crime is not somewhat weak.