All judgment of the court below shall be reversed.

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

However, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance court: the fine of KRW 5 million; the second instance court: the imprisonment of KRW 6 months; the suspended sentence of two years; the community service hours of 160 hours) is too unreasonable.

B. The lower court’s sentence No. 1 of the Prosecutor is too unhued and unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal.

Article 38(1) of the Criminal Act provides that the court of first and second instance shall be sentenced to a single sentence within the scope of punishment for concurrent crimes under Article 38(1) of the Criminal Act, on the grounds that each of the above judgments was filed by the defendant and the prosecutor, and the above judgment was filed by the defendant and the prosecutor, and the court of the first and second instance against the defendant was decided to jointly examine the above appeal cases. The first and second instances against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of punishment for aggravated crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant shall be sentenced to a single sentence.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the aforementioned grounds for reversal ex officio. The judgment below is reversed in entirety 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 the same as the corresponding columns of the judgment below 1 and 2, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, choice of imprisonment), and Article 311 of the Criminal Act (Contempt point and choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act is based on the observation of protection and community service order.