The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable, as it is too unreasonable for the court below to have imposed the sentence (one month of imprisonment and a fine of 500,000 won).

2. Reviewing the reasoning of the Defendant’s appeal ex officio prior to the judgment on the grounds of ex officio determination, the record reveals that the Defendant was sentenced to three years of imprisonment with prison labor for an indecent act committed by the Jung-gu District Court on December 7, 2012 and completed the execution of the sentence on September 20, 2015. The instant crime obstructing the performance of official duties was committed within three years from the date of the completion of the above sentence, and the lower court selected imprisonment with prison labor for the crime obstructing the performance of official duties, and thus, should have aggravated repeated crimes pursuant to Article 35 of the Criminal Act.

In doing so, the court below has committed an unlawful act omitted, so the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and the judgment below is again decided as follows.

[Re-written judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of the law is as stated in the applicable column of the judgment below.

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3 (3) 2 of the Punishment of Minor Offenses Act ( point of false reporting), and Article 136 (1) of the Criminal Act ( point of obstructing the performance of official duties, and choice of imprisonment with labor);

2. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to a violation of the performance of official duties);

3. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

5. It is recognized that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order recognizes and reflects his mistake, is in an economically difficult situation, and suffers from hearing disability.

However, the crime of this case reported by the defendant 119 to the effect that the defendant would make a fire, and the crime of this case is above.