The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of three months and a minor fine of thirty thousand won.

The defendant shall be sentenced to the above minor fine.

1. The decision of the court below on the gist of the grounds for appeal (three months of imprisonment, one year of suspended execution, and twenty days of detention) is too unreasonable;

2. It cannot be deemed that the nature of the instant crime that interferes with the performance of duties by the police officer in charge of judgment is good.

However, the defendant's health is not good due to the second level of mental disorder.

In addition, other than the instant case, there is a ground to dismiss the Defendant’s appeal regarding the instant case, such as obstruction of the performance of justice by deceptive means, etc. (the first instance court’s sentence of imprisonment with prison labor for 8 months and suspension of execution for 2 years) by other Defendant’s false reports.

In addition, considering all factors of sentencing, such as the defendant's age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the court below's punishment is somewhat excessive.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime in the original judgment, and the summary of evidence is identical to each corresponding column of the original judgment. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant Article 3 (3) 2 of the Punishment of Minor Offenses Act and Article 136 (1) of the Criminal Act concerning criminal facts, the applicable Article of the Punishment of Minor Offenses Act, the choice of punishment for minor fines, and Article 3 (3) 2 of the Punishment of Minor Offenses Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (limited to imprisonment);

1. The sentence shall be determined as per the order, taking into consideration the various circumstances surrounding the conditions for sentencing prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act.