The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of one million won) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the first head of the charge was examined by the court below. The prosecutor added "the defendant was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties at the District Court on January 23, 2008 and the judgment became final and conclusive on June 20, 2008" to "Article 37 and Article 39 (1) of the Criminal Act" to the applicable provisions of law, and applied for the amendment of the indictment to add "Article 37 and Article 39 (1) of the Criminal Act" to the applicable provisions of law. By allowing this, the court determined the punishment after considering the equity between the crime of obstruction of official duties for which judgment became final and conclusive pursuant to Article 39 (1) of the Criminal Act and the crime of this case at the same time and examining whether to reduce or exempt the sentence. In this regard, the

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal, and the judgment below is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is to add "the defendant was sentenced to two years of suspension of execution to ten months of imprisonment for the purpose of obstruction of performance of official duties by the District Court on January 23, 2008" to the first head of the facts charged, and the judgment became final and conclusive on June 20, 2008" to the summary of the evidence as stated in '1. The previous records are the same as the corresponding columns of the judgment of the court below, except for addition of criminal records, case agreement auxiliary meetings, and court rulings. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. The order of provisional payment;