The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to the judgment

On October 19, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for the obstruction of performance of official duties, etc. by the Daegu District Court, which became final and conclusive on January 17, 2019.

Since the crime of this case and the above crime of obstruction of performance of official duties against the defendant for whom judgment became final and conclusive, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment for each of the crimes of this case shall be sentenced in consideration of equity in the case where judgment is concurrently rendered pursuant to the former part of

In this regard, the prosecutor added "the defendant of criminal records was sentenced to eight months of imprisonment with prison labor for the crime of obstruction of performance of official duties, etc. at the Daegu District Court on October 19, 2018, and the above judgment became final and conclusive on January 17, 2019" to the facts charged in the indictment of this case against the defendant in the trial of the political party, and applied for permission to amend the indictment to add "the latter part of Article 37 and Article 39 (1) of the Criminal Act" to the applicable provisions of law

In this respect, the judgment of the court below is no longer maintained.

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

[Discied reasoning of the judgment below] Criminal facts acknowledged by this court are identical to the corresponding column of the judgment below, except for adding "the defendant of criminal records was sentenced to eight months of imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Daegu District Court on October 19, 2018, and the above judgment became final and conclusive on January 17, 2019" to the first head of the judgment below's "criminal facts". Thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence recognized by this Court is in the “a summary of the evidence” column of the judgment below.