The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The decision of the court below (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

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

According to the records of this case, the defendant was sentenced to one year of suspension of execution on June 15, 2017 by obstructing the performance of official duties at the Suwon Flag, and was sentenced to one year of suspension of execution on July 12, 2017, and the judgment became final and conclusive on July 12, 2017. As such, each crime of the judgment of the court below against the defendant and the crime of obstructing the performance of official duties on which the judgment of the court below became final and conclusive on July 12, 2017, shall be sentenced to punishment for each crime of the judgment of the court below in consideration of equity in the case where all of these crimes are adjudicated simultaneously in accordance with the main sentence of Article 39(

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

[Re-written judgment] The criminal facts recognized by this court and the summary of the evidence are the first head of the lower judgment on June 15, 201 and the judgment on July 12, 2017 became final and conclusive on July 12, 2017, by having been sentenced to one year of suspended execution for six months of imprisonment with prison labor due to interference with the performance of official duties at the Suwon Friwon.

“A previous conviction in the judgment of the court below” shall be added at the end of the summary of the evidence of the court below, and except for the addition of “a summary information inquiry of the case: the Suwon District Court Decision 2017No. 2048,” as stated in each corresponding column of the court below, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 37 of the Aggravation of Concurrent Crimes Act.