The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (one month of imprisonment with prison labor and two years of suspended sentence) is too uneasy and unfair.

2. We examine ex officio the judgment of the court below on the grounds for appeal by the defendant.

According to the evidence duly adopted and examined by the trial court, the defendant was sentenced to ten months of imprisonment with prison labor for the crime of obstructing the performance of official duties, assault, damage to property, larceny, intrusion on room, and interference with the performance of official duties at the Seoul Central District Court on August 16, 2018 (hereinafter “Interference with the performance of official duties”), and the above judgment became final and conclusive on August 24, 2018.

Since the crime of the lower judgment against the Defendant and the crime of obstructing the execution of official duties, etc., for which judgment became final and conclusive, in relation to concurrent crimes by the latter part of Article 37 of the Criminal Act, a punishment for the crime of the lower judgment should be imposed in consideration of the equity in the case where the judgment is concurrently rendered in accordance with the first part of Article 39(1) of the Criminal Act, so

3. As above, 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 of the court below is reversed, and the following is again decided after pleading.

[Re-written judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the first head of the criminal history room. “Defendant was sentenced to imprisonment with prison labor for not less than ten months by obstructing official duties in the Seoul Central District Court on August 16, 2018, and the said judgment became final and conclusive on August 24, 2018.

In addition, “1. Criminal Records as indicated in the judgment” is the same as the corresponding column of the judgment of the court below, except for the addition of “1. Criminal Records as stated in the judgment,” and “1. Criminal Records as stated in the judgment of the court below, Seoul Central District Court Decision 2018 Godan 927, etc.” in the column for evidence, and as such, they are cited in accordance with Article 369 of the Criminal

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;