Part of the judgment of the court below of the first instance excluding the violation of the Punishment of Violences, etc. Act (Habitual assault) and 2.

1. Summary of grounds for appeal;

A. Defendant 1’s imprisonment (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s 2nd sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

2. Prior to the judgment on the grounds of appeal, the first and second court rendered ex officio a decision on the grounds of appeal that the defendant was sentenced to imprisonment with prison labor for the former 8 months for the latter and a fine of 3 million won for the latter 200,000,000 won for the latter in accordance with the case of concurrent crimes under Article 38(1) of the Criminal Act, since the court below's first and second crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act and must be sentenced to punishment in accordance with the case of concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the court below's judgment against the defendant was no longer maintained for the latter.

However, the part of the judgment of the court below regarding the dismissal of prosecution against the violation of the Punishment of Violences, etc. Act (Habitual assault) among the judgment of the court of first instance was excluded from the object of adjudication after appeal to the judgment of the court of first instance).3. Accordingly, the decision of the court below is reversed ex officio under Article 364 (2) of the Criminal Procedure Act without examining the grounds for unfair sentencing by both parties.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to the entries in each corresponding column of the judgment of the court below (excluding the part of the judgment of the court of first instance that violated the Punishment of Violences, etc. Act (Habitual Violence). Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136(1) of the Criminal Act for the crime (the point of obstructing performance of official duties and the choice of imprisonment) and the Criminal Act.