The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

The gist of the grounds for appeal by the prosecutor is that the punishment of the fine of KRW 4,00,00 sentenced by the court below is too unfasible, in light of the fact that the defendant has many records of punishment, the crime during the period of probation, and the quality of the crime of obstruction of performance of official duties in this case.

Considering the fact that the defendant agreed with all victims, reflects the fact that the defendant is suffering from the disease, and the fact that the defendant should look about the suffering from the disease, the criminal history of the defendant is up to 20 times, especially the fact that the defendant committed each of the crimes of this case without being aware of the fact that he committed the crime of this case even though he was during the period of probation, and that the police officer's face-to-face-to-face without being aware of the passive resistance in the process of arrest as a flagrant offender is not enough to commit the crime of obstruction of the performance of official duties of this case, and other circumstances, such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., which are conditions for the sentencing of this case, are considered to be unfair.

Therefore, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence is the same as that of each 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. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act, the choice of each fine (the point of agreement with the victims, the point of agreement with the whole victims, the point of need for support for the children suffering from diseases, and the point of invalidation of suspended sentence when sentenced in this case)

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;