The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. Prosecutor 1) In the lower judgment, the lower court omitted the sentence of fine for the violation of the Punishment of Minor Offenses Act.

2) The sentence that the court below sentenced too much to be sentenced is unreasonable.

2. Article 38(1)3 of the Criminal Act provides that “When the punishment prescribed for each crime is imposed on a different kind of punishment, other than imprisonment with or without prison labor for an indefinite term, the punishment shall be imposed concurrently.” However, the lower court selected imprisonment with prison labor while punishing a person for a crime of interference with the performance of official duties and injury committed in a mutually competitive relationship, and selected a fine for a crime of violation of the Punishment of Minor Offenses Act, which is in such concurrent relationship, but omitted the sentence of fine.

Therefore, the judgment of the court below is erroneous in the misapprehension of law which affected the conclusion of the judgment, and the prosecutor's above assertion is with merit.

3. In conclusion, the prosecutor's allegation of violation of law is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant and the prosecutor's improper argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of cancellation of the official order), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and Article 257 (1) of the Criminal Act (the point of injury) concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

1. The punishment of an elective injury shall be sentenced to imprisonment;