The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. The summary of the grounds for appeal (unfair sentencing) of the original judgment (one year of imprisonment) is too unreasonable.

2. According to the records of ex officio determination, the Defendant committed the instant crime, which was found guilty before the judgment becomes final and conclusive, on December 27, 2012, by being sentenced to ten months of imprisonment with prison labor by obstructing the performance of official duties at the Daejeon District Court on December 27, 2012, and on January 4, 2013 after being sentenced to two years of suspended execution.

As above, in the crime for which judgment became final and the instant crime are concurrent crimes after Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.

Therefore, the judgment of the court below which did not consider it is impossible to maintain it as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

On December 27, 2012, the first head of the criminal history room recognized by this Court, “The Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution on January 4, 2013,” and the above judgment became final and conclusive on December 4, 2013.

Except for addition, “the relevant column of the lower judgment” is as stated in the relevant column of the lower judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Summary of Evidence

The summary of evidence recognized by this Court shall be as shown in the corresponding column of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Matters concerning Article 62-2 of the Criminal Act and the observation of protection, etc. of community service order;