The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The reasoning of the appeal is that the lower court’s punishment (five million won in a penalty) is too unhued and unreasonable.

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

"A crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall constitute concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes has become final and conclusive under Article 39 (1) of the Criminal Act and a crime for which judgment has not become final and conclusive

According to the records, the defendant was sentenced to a suspended sentence of one year on January 18, 2017 to a crime of interference with the execution of official duties at the Suwon Friwon, and the above judgment becomes final and conclusive on the 26th of the same month.

Therefore, the judgment of the court below, which did not sentence punishment for the instant crime, in consideration of equity and the case where the judgment was rendered simultaneously with the crime of interference with the execution of official duties which became final and conclusive, could no longer be maintained.

3. In conclusion, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: "The defendant was sentenced to a suspended sentence of one year on January 18, 2017 to a suspension of execution of official duties by obstructing the execution of official duties at the Suwon Friwon, which became final and conclusive on the 26th of the same month.

“1. A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for the addition of “1. A previous conviction in the judgment of the court below” to the summary of the evidence, and such addition is also cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Penalty)

1. The latter part of Article 37 of the Criminal Act, provided that Article 39, Paragraph 1.