The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unfased and unreasonable.

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

According to the evidence duly adopted and examined by this court, the defendant appealed six months of imprisonment with prison labor at the Seoul Central District Court on July 16, 2020 and dismissed the appeal on September 25, 2020, and the judgment became final and conclusive around that time.

Therefore, since the crimes of obstruction of performance of official duties against the defendant and the above crimes of obstruction of execution of official duties for which the judgment of the court below has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for each crime of obstruction of performance of official duties shall be sentenced in consideration of equity in the case of concurrent judgments pursuant to the main sentence of Article 39 (

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Reasons for the judgment of the court below] The summary of facts constituting a crime and evidence recognized by the court below and the summary of the evidence are as follows in Section 3 of the judgment of the court below, except for adding "The defendant appealed six months of imprisonment with prison labor at the Seoul Central District Court on July 16, 2020 and withdraws an appeal on September 25, 2020 and then the above judgment became final and conclusive around that time," it is identical to each corresponding column of the judgment of the court below. Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-10(2) and the former part of Article 5-10(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 319 of the Criminal Act concerning criminal facts.