The judgment of the court below is reversed.

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

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

1. The lower court’s sentence (one year and six months of imprisonment, three years of suspended execution, and 160 hours of community service order) on the summary of the grounds of appeal is deemed to be too uneasible and unreasonable.

2. The judgment appears to be contrary to the Defendant’s recognition of the instant crime, the fact that the victimized police officer wanted to take the Defendant’s wife in the event of a crime interfering with the performance of official duties, the extent of damage is relatively minor in the case of the crime of damaging public goods, and in the case of a crime interfering with the exercise of rights, the Defendant repaid 10,295,487 won out of the principal of the loan with a considerable period of time, and repaid 7,474,359 won with interest.

On the other hand, in the case of obstruction of performance of official duties and damage to public goods, the nature of the crime is not good in light of the background of the crime and the form of the act, and the defendant committed the crime again even though he had been punished several times of violence crimes, and again committed the crime. In the case of obstruction of exercise of rights, the principal and interest of the loan that the damaged company has not yet paid and the amount of 35 million won has not yet been recovered, and the vehicle which was the object of the mortgage has not been agreed, etc. are disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, and various sentencing conditions as shown in the records and pleadings, the lower court’s punishment is somewhat uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 of the Criminal Act applicable to the crime and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties).