The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (one year of suspended sentence in six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant committed each of the instant crimes while being tried for obscenity as a crime of public performance, and the crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, the need to strictize it is disadvantageous to the Defendant.

However, in full view of all the circumstances, including the Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance after the crime, etc., the lower court’s punishment is too unreasonable, as it is acknowledged that the Defendant’s above assertion is too unreasonable, since it is too unreasonable, since it is recognized that the Defendant’s punishment is too excessive and unfair, it is reasonable for the victim to have agreed with the victim of the crime of obstruction of performance of official duties and injury. The victim did not want to be punished, the amount equivalent to the amount of damage caused by the crime of injury to public goods, the fact that there is no record of punishment for the same kind of crime, and there is no record of punishment.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141(1) of the Criminal Act (the point of impairing goods for public use);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment between the crime of injury and the crime of obstructing the performance of official duties, and the punishment prescribed for the crime of serious injury shall be imposed);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The order of provisional payment;