The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

In the trial of the party, the prosecutor applied "Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)" to "special intimidation" in the name of the defendant, and "Article 3 (1), Article 2 (1) 1, and Article 283 (1) of the Criminal Act" in the applicable law to "Article 284, and Article 283 (1) of the Criminal Act "Article 284, and Article 283 (1) of the Criminal Act" to "Article 283 (1) of the Criminal Act to be amended," and the special intimidation "Article 283 (1) 2 of the Criminal Act to "Article 283 (1) of the Punishment of Violences, etc. Act to be amended by this court."

Therefore, the lower court’s determination on this part was impossible to be maintained, and the facts charged such as this part of the facts charged and obstruction of the remaining duties are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed. Accordingly, the lower judgment cannot be maintained in its entirety.

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

Criminal facts

The summary of the crime and the evidence against the defendant recognized by this court is to be cited in accordance with Article 369 of the Criminal Procedure Act, since all of the judgment below are the same as the corresponding columns of the judgment below, except for the change of the criminal facts No. 1 to "special intimidation" as the main contents of the crime.

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 314(1) (a) (a point of interference with business) of the Criminal Act, Article 136(1) (a) (a point of interference with the performance of official duties) of the Criminal Act, and the choice of imprisonment for each crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.