The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (7 million won) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish the crime that interferes with the performance of official duties, such as the instant case, and the fact that the Defendant did not receive a letter from the victimized police officer is disadvantageous to the Defendant.

On the other hand, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and reflects his mistake, the degree or result of the crime is relatively heavy, and the fact that there is no particular criminal history other than the punishment once for the crime of this case is punished by a fine for the crime of this case.

In addition, if all of the sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, are taken into account, the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to 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.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and 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. The sentencing of Article 334(1) of the Criminal Procedure Act, prior to the grounds for sentencing, shall be determined as ordered by taking account of the fact of reversal.