The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of four million won.

The above fine shall be imposed on the defendant.

1. The lower court’s scope of trial in this Court dismissed the prosecution against the Defendant regarding insult of the facts charged in this case, and sentenced the remainder of the facts charged, and only the Defendant appealed on the grounds of unreasonable sentencing as set forth in the following, and thus, the part of the lower judgment dismissing the prosecution which the Prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The lower court’s punishment (one year of imprisonment with prison labor for six months and one year of suspended execution) against the accused against the summary of the grounds for appeal is too unreasonable.

3. Considering the need for strict punishment on the crime of obstruction of performance of official duties, it is necessary to punish the defendant with the responsibility.

However, considering the Defendant’s age, character, character and environment, motive, means and consequence of the Defendant’s crime, circumstances after the crime, etc., as well as various conditions of sentencing as shown in the pleadings and arguments, the lower court’s punishment is too unreasonable, considering the following: (a) the Defendant committed the instant crime; and (b) it appears that there was a misunderstanding of the remaining interest in the process of giving lessons to students who smoked tobacco; and (c) the victim police officers and the victim police officers have not been punished against the Defendant; and (d) the Defendant’s age, character, character and environment; (b) the motive, means and consequence leading up to the crime; and (c) the circumstances after the crime.

4. In conclusion, the defendant's appeal is with merit, and the guilty part of the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[D.] The main points of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.