The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two months.

1. The gist of the grounds for appeal and the gist of the prosecutor’s appeal are that the sentence of the court below (a fine of 5 million won) is too unfeasible and unfair. Although the defendant's mistake is divided and reflects his own mistake, and the defendant's sentence becomes final and conclusive due to the case, there is a disadvantage that the suspended execution may be invalidated as follows, the defendant has been sentenced to a fine of 2 million won for the crime of obstruction of performance of official duties, etc. on January 19, 2007, and the defendant has a criminal record of violence 9 times in total, such as being sentenced to a fine of 2 million won for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the above judgment was sentenced two years of suspended execution, and it is more likely that the defendant would again be sentenced to a fine of 500,000 won for the same kind of crime during the above suspended execution period, and it is more likely that he would be sentenced to a fine of 20,0120,200.

2. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading, on the grounds that the prosecutor's appeal is reasonable.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as that of the judgment below.