The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The defendant does not pay the above fine.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won in penalty) is too uneasy and unreasonable.

2. It is recognized that there are circumstances such as the fact that the defendant's mistake was recognized and that there was no criminal record exceeding the same kind or fine.

However, the defendant's act of dealing with police officers who want to resolve the operating fee on behalf of the defendant is not against the mind. The defendant's act of taking a police officer on behalf of the defendant is not against the wrong, and even after the fact, it is difficult to find out the attitude of resistance against the police officer.

In addition, considering other circumstances such as the defendant's age, sex, environment, situation at the time of the crime, criminal records, economic ability, etc., the sentence of the court below is considered to be less somewhat than that of the defendant's mistake, and thus, the prosecutor's improper assertion of sentencing is accepted.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited 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;