The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 15 million (a fine of KRW 15 million) is too unhued and unreasonable.

2. According to the former part of Article 37 and Article 38(1)2 of the Criminal Act for ex officio judgment, when several crimes for which judgment has not become final and conclusive are adjudicated at the same time, the punishment specified for each crime shall be increased by one half of the maximum term or maximum amount for the most severe crime, in cases of the same kind of punishment, other than death penalty, imprisonment for life, or imprisonment without prison labor for life, on condition that the total of the maximum term or maximum

In the instant case, the lower court found the Defendant guilty of all the charges of insult and obstruction of performance of official duties against the Defendant, and rendered a fine of KRW 15 million against the Defendant on the premise that both the above two crimes have the relation of substantive concurrent crimes under the former part of Article 37 of the Criminal Act after selecting a fine for all the above crimes.

However, the statutory penalty for the crime of insult under Article 311 of the Criminal Act is “a imprisonment or imprisonment without prison labor for not more than one year, or a fine not exceeding two million won,” and the statutory penalty for the crime of obstruction of performance of official duties under Article 136(1) of the Criminal Act is “a imprisonment with prison labor for not more than five years or a fine not exceeding ten million won,” and thus, each of the above two crimes which have a relation of substantive concurrent crimes is selected as a fine, and even if a concurrent crime is committed under Article 38(1)2 of the Criminal Act, such punishment is merely “a fine not exceeding

Therefore, the judgment of the court below that sentenced the amount exceeding the above sentencing range (the fine not exceeding 12 million won) (15 million won) was erroneous in the application of the law.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows after pleading.

【Reason for the Judgment of the Supreme Court】 Facts constituting an offense and summary of evidence recognized by the court, and evidence related thereto.