The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won) is too unreasonable.

2. On January 10, 2018, the Defendant, at the Sung-nam Branch of Suwon District Court, sentenced ten months of imprisonment with prison labor for the crime of obstruction of the performance of official duties by deceptive means, etc., and the said judgment becomes final and conclusive on June 22, 2018, the Defendant’s crime of obstruction of the performance of official duties by deceptive means, etc. against the Defendant, which became final and conclusive on June 22, 2018, is in the concurrent relationship between the latter part of Article 37 of the Criminal Act and the crime of obstruction of the performance of official duties

Therefore, the judgment of the court below cannot be maintained as it is.

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after hearing.

【Grounds for the judgment of the court which has been written in multiple times] Criminal facts and summary of evidence are as stated in the first copy of the criminal facts column of the judgment of the court below. “The defendant was sentenced to imprisonment with prison labor for ten months with prison labor for the obstruction of performance of deceptive scheme at the Sungwon District Court's Sung-nam branch on January 10, 2018, and the above judgment became final and conclusive on June 22, 2018.” The summary of evidence is as stated in the corresponding column of the judgment of the court below, except where "1....................... criminal records inquiry, the defendant's court statement, and significant facts to this court," are as stated in the corresponding column of the judgment

Application of Statutes

1. Article 319 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Clear out of the victim's explicit reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

The defendant has refused to comply with the Gu and has undergone the process.