The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

According to the records, the defendant, at the Changwon District Court on September 22, 2016, sentenced eight months to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Changwon District Court on September 22, 2016, and the above judgment became final and conclusive on September 30, 2016. The crime of obstruction of performance of official duties in this case is in a concurrent relationship between the crime of violation of the Road Traffic Act (driving) and the latter part of Article 37 of the Criminal Act, and should be sentenced separately in consideration of equity in the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act, so

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Road Traffic Act at the Changwon District Court on September 22, 2016, and the above judgment became final and conclusive on September 30, 2016" in the summary of the evidence, except for the addition of "1. previous records: the defendant's current trial statement, criminal record inquiry report, etc." to the summary of the evidence as stated in each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The relevant provision of criminal facts, Article 136(1) of the Criminal Act of the choice of punishment, and the reason for sentencing the sentence of imprisonment for the reason of the instant crime are not sufficient to commit the crime of assaulting a police officer dispatched after receiving a report by the Defendant, and there is a need to strictly punish the act of obstructing the performance of official duties in order to establish national legal order and eradicate the light view of public authority.