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 main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. As the Defendant interfered with the legitimate execution of official duties in relation to the notification disposition by police officers, it is necessary to impose strict punishment on the crime of obstruction of performance of official duties in order to establish the legal order of the State and eradicate the light of public authority.

However, in full view of all the circumstances, including the defendant's age, character and conduct, motive, means and result of the crime, circumstances after the crime, relationship between the defendant and the victim, and sentencing guidelines, the court below's punishment is deemed unreasonable. The court below's punishment is determined to be unreasonable, considering the following: (a) the defendant's mistake is recognized and the defendant is not required to repeat the crime; (b) the first offender is the first offender; (c) the degree of violence committed by the defendant is not deemed to be serious; (d) the police officer F filed a written application claiming the victim's preference in the trial; and (e) the police officer filed it in

The defendant's above assertion is with merit.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 136 (1) and 30 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;