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 summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.

2. It is recognized that the judgment of the defendant recognized the crime of this case and is against the nature of the defendant, found the victim police officers to commit the crime of this case, and there is no record of criminal punishment exceeding the fine.

However, the crime of this case was committed by a police officer who was under the influence of alcohol in soliciting the defendant to return home, and the police officer took a bath and exercised physical power. The crime of obstructing the performance of official duties, such as this case, requires strict punishment in order to establish the legal order of the State and eradicate the light of public power. The defendant's abusive and physical power that the defendant used for the police officer in this case, and the defendant did not seem to have committed the crime of this case immediately after the police investigation, such as stating that "the defendant was not guilty of the crime of this case, was committed by the police officer, and he was assaulted by the witness, and the witness's statement was not believed," and even though there was a history of punishment twice as to the crime of this case and one time by drinking, the judgment of the court below is unfair in view of various circumstances such as the defendant's age, sex, motive of the crime of this case, the means and consequence of the crime of this case, and the circumstances after the crime of this case, etc.

However, in consideration of the favorable circumstances mentioned above, the court below's fine shall be maintained as it is.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Reasons for the new judgment against the defendant] Criminal facts and summary of evidence recognized by this court and summary of evidence are stated in the corresponding column of the judgment of the court below.