The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

The above fine shall be imposed on the defendant.

1. The sentence of the court below (one hundred months of imprisonment and two hundred thousand won of fine) on the summary of the reasons for appeal is too unreasonable.

2. In light of the fact that the Defendant committed the instant crime during the period of repeated crime, which was committed during the period of suspension of execution of imprisonment for six months due to obstruction of performance of official duties that was committed during the period of suspension of execution of the same kind of crime, even though there are many records of punishment for the same crime including a prison sentence and a suspended execution, there is a need for strict punishment for the Defendant.

However, in light of the following: (a) it is difficult to see that damage caused by the instant crime is relatively serious; (b) the Defendant was divided into his mistake in depth; and (c) the Defendant deposited a total of KRW 1 million ( KRW 500,000 per 50,00 for police officer D) for police officers; and (d) other various conditions of sentencing that are shown in pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime; and (c) the sentence of the lower court is deemed unreasonable, and thus, the Defendant’s above assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), Article 157 subparagraph 4 of the Road Traffic Act and Article 68 (3) 2 of the Road Traffic Act (the point of prohibited acts on roads and the selection of fines);

1. Article 35 of the Criminal Act among repeated offenders (Crime of Obstruction of Performance of Official Duties)

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;