The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and one year of suspended execution) of the lower court is too unreasonable.

2. The crime of obstruction of the performance of official duties is an offense that undermines the function of the State by nullifying the legitimate exercise of public authority, and is in need of strict punishment for the establishment of national legal order and eradicating the light of public authority.

However, in full view of the favorable circumstances, such as the confession of the instant crime and the Defendant’s mistake against their depth, the absence of the history of criminal punishment, the degree of violence, the fact that the Defendant appears to have committed contingent crimes under the influence of alcohol, and the fact that family members and branch members want to have a clear social ties, and the motive, background, means and method of the instant crime, circumstances before and after the instant crime, and other various circumstances such as the Defendant’s age, character, behavior, career, environment, etc. as shown in the instant argument, the lower court’s punishment is deemed to be heavy.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of Article 334(1) of the Provisional Payment Order shall be determined as ordered by considering the various circumstances.