The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and a fine for 600,000 won.

The above fine shall be imposed on the defendant.

Summary of Grounds for Appeal

The defendant asserts that the punishment of the court below (one month of imprisonment and a fine of 600,000 won) is too unlimited, and that the prosecutor is too unfied and unfair.

Judgment

In addition, the defendant was sentenced to the punishment of 4 years of imprisonment and fine of 10 million won on December 28, 2007 due to the violation of the Punishment of Violences, etc. Act (the composition activity of an organization, etc.) on December 28, 2007 and completed the enforcement on February 28, 2011, and he was sentenced to a fine of 3 times within the period of repeated crime, but he was sentenced to the punishment of 3 times of violence during the period of repeated crime, without being aware of it, and there is a need to strictly punish the crime of obstruction of performance of official duties in order to protect the legitimate performance of official duties of the State and to establish a sound social order.

However, considering the fact that the defendant is against the defendant, the damage of public goods is relatively minor, and the damage amount of 46,00 won was deposited in the court below, the defendant deposited 1 million won in the court below for slope G in the court below, and the defendant deposited 1 million won in the court below as well as various circumstances, such as age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is somewhat excessive.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

(3) Article 369 of the Criminal Procedure Act provides that “A prosecutor’s appeal shall not be dismissed unless the defendant’s appeal is accepted and the judgment of the court below is reversed” (Article 369 of the Criminal Procedure Act provides that “A prosecutor’s appeal shall not be dismissed as long as the defendant’s appeal is reversed).”

The application of legislation;