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. The decision of the court below (6 months of imprisonment and 2 years of suspended execution) is too unreasonable as to the summary of the grounds for appeal.

2. The crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus, it is necessary to strictly punish the crime in order to establish a legal order of the State and eradicate the light of public authority.

However, the Defendant recognized all of the instant crimes, and seriously reflects his fault.

There is no particular criminal history except punishment once by a fine prior to the instant case.

The crime of this case is not directly assault or intimidation against the police officer, the defendant's social relation is clear, and the defendant's age, family relation, sex and environment, means and result of the crime, and all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, it is judged that the punishment imposed by the court below is unfair.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for the new judgment] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the corresponding columns of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: A fine not exceeding 15 million won;

2. Application of the sentencing criteria: fine; and