All judgment of the court below shall be reversed.

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

The above fine shall not be paid by the defendant.

The summary of the grounds for appeal (the first instance court: the fine of KRW 5 million, the second instance court: the fine of KRW 2 million: the fine of KRW 2 million) of the lower court is too uneased and unreasonable.

Prior to the judgment on the grounds for appeal by the prosecutor's ex officio, each appeal case against the defendant was joined in the judgment of the court below, and each offense of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment, for which concurrent crimes are aggravated in accordance with Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's unfair argument of sentencing, and the judgment below is reversed in entirety and it is again decided as follows through pleading.

Criminal facts

The summary of facts constituting a crime and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act (the point of destroying property) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. A reasonable ground for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant agreed with the victim F in the course of investigation, that the court below deposited KRW 1 million for the victim P, deposited KRW 1 million for the victim H in the trial, and that there was no injury to the victimized police officer in the course of performing official duties, and that there was no injury to the damaged police officer in the course of obstructing the performance of official duties, and the defendant committed the same crime as the crime of the second judgment during the appellate trial after being sentenced to the judgment of the court below.