The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The sentencing of the court below (4 months of imprisonment) is too unreasonable.

2. Determination

A. In light of the fact that there is a need to strictly punish a crime of obstruction of performance of official duties in order to establish a state’s legal order and eradicate a state’s light of public authority, and that the instant crime was committed during the suspension period of execution due to the same kind of crime, etc., the Defendant may not be subject to strict liability.

B. Meanwhile, there are favorable circumstances to consider, such as the following: (a) the Defendant is not subject to a sentence; (b) the Defendant has led to a confession of a crime and a mistake; (c) the degree of damage is relatively minor; and (d) the police officer F is not subject to the punishment of the Defendant; and (c) the Defendant committed the instant crime in the mind that the Defendant wishes to be detained at the end of the marital fighting; and (d) there are two children, who are students to be able to support

C. In light of the Defendant’s age, living environment, details and result of the crime, and the circumstances after the crime, the sentence of the lower court is unreasonable.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of each fine for the crime;

1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act among concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;