The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 10 million) is too unreasonable.

2. The Defendant’s crime of this case was committed on the ground that there was a reasonable ground to believe that the Defendant driven a breab while under the influence of alcohol by a police officer, and was demanded to comply with a drinking test without any justifiable reason. However, the Defendant arrested the Defendant as a flagrant offender and escorting the Defendant to a police station, thereby causing an injury to the police officer, and at the same time obstructing the lawful performance of duties by the police officer. In light of the background, method, and content of the crime, the nature of the crime is not good, and the crime of obstruction of performance of official duties is an offense detrimental to the State’s function by obstructing the legitimate exercise of public power, and thus, there is need

However, there is no history of punishment for obstruction of performance of official duties or violation of the Road Traffic Act, and there is no history of criminal punishment after 2007, such as the fact that the defendant was committed against and against the defendant, deposit KRW 70,000 for the damaged police officer, and the police officer did not want the punishment against the defendant by agreement with the damaged police officer.

In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, economic situation, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence is deemed to be too unreasonable. Therefore, the Defendant’s assertion is reasonable.

3. Accordingly, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is based on its conclusion, and the following judgment is rendered.

Criminal facts

The summary of the evidence and facts constituting the offense of the defendant and the summary of such evidence recognized by the court shall be described in each corresponding part of the judgment of the court below.