The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. The sentence of the court below (four months of imprisonment) is too unreasonable.

2. In light of the contents of the crime of this case, the defendant can be punished for the same kind of crime, and the crime of this case is committed without being convicted even though it is under the period of suspension of execution. However, the damage caused by the crime of this case is relatively serious, it is difficult to view that the damage caused by the crime of this case is relatively serious, the defendant divided his mistake in depth during the period of imprisonment for 2 months, the victim C does not want the punishment against the defendant, above all, it is agreed with FF of police officer who is the victim at the trial, the sentence of imprisonment for the defendant is too harsh than the degree of the crime of this case, and it seems that it is too harsh to the extent of the previous suspension of execution (two years of imprisonment with prison labor for 4 months) by sentence of imprisonment with prison labor for the defendant, and considering various sentencing conditions in pleading such as the defendant's age, character and behavior, environment, motive, means and result of the crime, and the circumstances after the crime, the above argument of this defendant is justified.

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

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136(1) of the Criminal Act and Article 366 of the Criminal Act (the point of obstructing performance of official duties, the choice of fines), and Article 366 of the Criminal Act (the point of destroying and damaging property and the choice of fines)

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

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