The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. As to the summary of the grounds for appeal, the Defendant asserts that the Defendant is too unfasible to a fine of five million won (a fine of five million won) and that the prosecutor is too unfased and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The circumstances are favorable to the Defendant, such as the fact that the Defendant led to the instant crime, and misunderstanding is divided, that is, the age of 79 years, and that the Defendant appears not to have good health conditions due to physical illness, such as high blood pressure and alcohol-related diseases.

However, the defendant has been punished several times, including punishment for the suspension of execution of imprisonment for obstruction of performance of official duties and violent crimes, and the defendant committed the crime of interference with business during the period of suspension of execution due to the crime of obstruction of performance of official duties as stated in the judgment of the court below, and the crime of interference with business was committed again on the ground that the crime was committed as the crime of obstruction of performance of official duties, and the crime was committed as the crime of interference with business, which is disadvantageous to the police officer.

In full view of all the sentencing conditions indicated in the instant case, including the Defendant’s age, career, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc., including the aforementioned circumstances, the lower court’s punishment is too heavy, rather than too heavy.

3. In conclusion, the defendant's appeal is without merit, and 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

(2) Article 369 of the Criminal Procedure Act provides that the defendant's appeal shall not be dismissed separately from the disposition). [The reason for multiple judgments] Criminal facts and summary of evidence shall be the same as the facts of the crime recognized by the court and summary of evidence as stated in the corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;