The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,200,00.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (1.5 million won in penalty) against the Defendant is too unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the first head of the charge against the Defendant was examined by the public prosecutor, and the judgment on February 18, 2016 became final and conclusive on September 4, 2015 by having been sentenced to six months of imprisonment with prison labor by obstructing the performance of official duties in the Suwon District Court’s Pyeongtaek Housing Site on September 4, 2015.

The latter part of Article 37 of the Criminal Code, which is the provision of the applicable law, provided that Article 39(1) of the Criminal Code, "A shall apply for the amendment to a bill of amendment of an indictment with the addition of A, and this Court permitted the addition.

Therefore, inasmuch as the crime of the lower judgment and the crime of obstructing the execution of official duties, etc., for which judgment became final and conclusive, are concurrent crimes with the latter part of Article 37 of the Criminal Act, a sentence against the Defendant should be imposed in consideration of the equity in the case where the judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act, the lower judgment

3. Therefore, 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 about sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for the Judgment to be used again] Summary of facts constituting a crime and evidence recognized by this court is the first head of the lower judgment’s criminal history, and the judgment became final and conclusive on February 18, 2016, by having been sentenced to six months from September 4, 2015, by interfering with the performance of official duties, etc. in the horizontal Housing Site of Suwon District Court.

The summary of “B and the summary of evidence” is the same as the corresponding column of the judgment of the court below, except for the addition of the Defendant’s “1. First, the Defendant’s oral statement” at the end, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime and Article 257 (1) of the Criminal Act of the choice of punishment.