The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 200,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (4 months of imprisonment, 200,000 won) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

The lower court, among the crimes of this case committed by the Defendant, committed the crime of injury (the crime of interference with the performance of official duties and the crime of violation of the Punishment of Minor Offenses Act) and the crime of violation of the Punishment of Minor Offenses Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and committed a mistake of omission in the applicable provisions, so the lower judgment was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act (the point of injury), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and Article 3 (3) 2 of the Punishment of Minor Offenses Act (the point of reporting false crimes) concerning the crime;

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

1. Selection of a fine for the violation of the Punishment of Minor Offenses Act and the Punishment of Minor Offenses Act, with respect to the punishment of selective injury;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing criteria cannot be applied as they are, since the crime of injury in consideration of the sentencing criteria and the crime of interference with the execution of official duties are in an ordinary competition relationship, and the sentencing criteria do not present a separate processing method against the ordinary concurrent crimes (an ordinary crime.).