All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. On the other hand, the Prosecutor appealed to the lower court’s punishment (six months of imprisonment with prison labor for the first instance court, and four months of imprisonment with prison labor for the second instance): on the other hand, the Defendant asserts that it is unfair because it is too unreasonable; on the other hand, the Prosecutor filed an appeal by asserting that it is too unfasible and unfair.

2. Before making ex officio judgment on the grounds for appeal by the Defendant and the prosecutor, this Court decided to concurrently examine the appeal cases against the lower judgment. Each of the lower judgment against the Defendant is in concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment subject to aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act. As such, the lower judgment is no longer maintained.

3. Thus, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion, and the judgment below is reversed and it is again decided as follows.

Criminal facts

As stated in the corresponding column of the judgment of the court below, the facts constituting a crime recognized by this court and the summary of the evidence thereof are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties, and choice of imprisonment with labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to special bodily injury)

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount are as follows: (a) the Defendant, after committing the crime, has recognized and been aware of all mistakes; (b) the degree of damage of E is not much weighted; and (c) agreed with E.

In addition, in the case of interference with the performance of official duties, the method and continuation of the crime.