The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant does not pay the above fine.

1. The sentence of the lower court (one million won in penalty) to the summary of the grounds for appeal is deemed unreasonable.

2. Determination ① There is no history of criminal punishment by the Defendant, and there is room for some consideration in the circumstances of the instant crime.

② However, the crime of obstructing the performance of official duties requires strict punishment for compliance with the law and order and establishment of public authority, and the Defendant’s purpose was to punish the perpetrator who assaulted F.

Even if there is no legitimate legal procedure, it cannot be justified to obstruct police officers from performing their duties, and rather, it cannot be ruled out that the police officer's handling of the case could have been completed. ③ In full view of all other circumstances such as the circumstances of the crime of this case, means, results, and circumstances after the crime, etc., the sentence of the court below is deemed unfair because it is too unfasible.

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 decided as follows through a new theory of change.

[Judgment of the court below] The summary of criminal facts and evidence against the defendant is identical to that of each corresponding column of the court below's judgment. Thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;