The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

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

The crime of obstructing the execution of official duties of this case, the crime of inflicting an injury, and the crime of destroying property is one of several crimes, and there is an ordinary concurrence as stipulated in Article 40 of the Criminal Act. However, the crime of obstructing the performance of official duties and the crime of destroying property are in the relation of substantive concurrence.

In light of the above, the lower court, which aggravated punishment, erred by misapprehending the legal principles on the number of crimes, thereby affecting the conclusion of the

Therefore, the judgment of the court below can no longer be maintained.

3. The judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing on the ground that the above grounds for reversal ex officio exist, and the judgment of the court below is reversed, and it is again decided as follows.

【Re-written judgment] The summary of facts constituting an offense and evidence presented by the court is identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 257(1) (the point of injury), 136(1) (the point of obstructing the performance of official duties) and 366 of the Criminal Act that prescribe the punishment for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution (the conditions favorable to the defendant among the reasons for reversal) include: (a) the defendant has a depth of his mistake; (b) the defendant has no same criminal record; (c) the degree of injury is relatively minor; and (d) the conditions for sentencing as prescribed by Article 51 of the Criminal Act are considered in full; and (c) the punishment shall be determined as ordered

It is so decided as per Disposition for the above reasons.