All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. The punishment of each of the judgment below by the defendant (the judgment of the court below No. 1: Imprisonment with prison labor for August and the judgment of the court below No. 2: Imprisonment with prison labor for one year) is too unreasonable.

B. The sentence of the second judgment of the court below by the prosecutor is too unhued and unreasonable.

2. Before determining ex officio the grounds for appeal by the defendant and the prosecutor, this Court decided to concurrently examine each appeal case against the judgment of the court below. The crimes against which the judgment of the court below 1 and 2 found the defendant guilty are concurrent crimes under the former part of Article 37 of the Criminal Code, which are not subject to punishment as in the former part of Article 37 of the Criminal Code, such as the judgment of the court below 1 and 2, and should not be punished pursuant to Article 38 (1) of the Criminal Code concerning the punishment of concurrent crimes, so the judgment of the court below is no longer maintained in this respect.

3. If so, the judgment of the court below is reversed ex officio, and the judgment below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, without examining the grounds for an unfair appeal for sentencing by the defendant and the prosecutor, and it is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts and Article 88 (1) 2 of the Military Service Act (a violation of orders to call for social service personnel), Articles 144 (1), 136 (1), 30 (a), and 151 (1) and 30 of the Criminal Act concerning criminal facts; and Articles 151 (1) and 30 (a violation of orders to call for special service personnel);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment prescribed by a crime of obstructing the performance of special duties and an offender shall also be imposed on a person who has committed a crime of obstructing the performance of special duties with the largest number of crimes, punishment, or punishment);

1. Selection of imprisonment with prison labor on the option of punishment (with respect to a crime of obstructing the execution of special duties);