The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentencing of the court below is too uncomfortable.

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

According to the records, the Defendant was sentenced to a suspension of the execution of official duties for six months at the Gwangju District Court on October 28, 2016, and the said judgment became final and conclusive on July 6, 2017. As such, in relation to concurrent crimes between the latter part of Article 37 of the Criminal Act and the crime of obstructing the performance of official duties and the crime of injury in the judgment of the lower court, etc., a sentence shall be determined after considering the equity and the case of concurrent crimes under Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the sentence. Thus, the lower court was unable to escape from the reversal in this respect.

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.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: “The defendant was sentenced to a two-year suspended sentence for a violation of official duties in the Gwangju District Court on October 28, 2016, and the above judgment became final and conclusive on July 6, 2017,” and except for the addition of “the defendant’s statement before and after the judgment was rendered on July 15, 201,” as stated in each corresponding column of the judgment of the court below, since it is identical to each corresponding column of the judgment of the court below, the summary of the facts charged by this court and the evidence related thereto is cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment for each crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.