The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (the suspension of sentence of 1.5 million won in penalty) is too unfluent and unfair.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the record reveals that the Defendant appealed on May 10, 2013 by the Daegu District Court (2012 Gohap 1014) with one year’s imprisonment for a crime of obstructing the performance of special official duties and of violating the Assembly and Demonstration Act, but the judgment on August 30, 2013 became final and conclusive.

First of all, since the crime of each judgment of the court below against the defendant and the crime of interference with the execution of special official duties, and the crime of violation of the Assembly and Demonstration Act committed after Article 37 of the Criminal Act are concurrent crimes with the latter part of Article 39 (1) of the Criminal Act, a punishment for each crime of the judgment of the court below shall be imposed in consideration of equity in the case where the judgment is to be held simultaneously pursuant to the main sentence of

B. According to Article 39(1) of the Criminal Act, in cases where a sentence is imposed for a crime for which judgment has not been rendered among the single concurrent crimes after Article 37 of the Criminal Act, the punishment for the crime for which a judgment to face with imprisonment without prison labor or heavier punishment has become final and conclusive, as prescribed in the latter part of Article 37 of the Criminal Act, is included in “the previous crime for which a suspension of qualification or heavier punishment has not been suspended” (see Supreme Court Decision 2010Do931, Jul. 8, 2010), which is an exception for which the sentence of imprisonment without prison labor or heavier punishment cannot be suspended (see Supreme Court Decision 2010Do931, Jul. 8, 2010). As the judgment of the court below where a suspension of sentence against the defendant has been imposed was erroneous by misapprehending the legal principles concerning

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows through pleading.

Criminal facts

Criminal facts and the summary of evidence recognized by the court.