The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for six months of imprisonment, two years of suspended sentence, and 80 hours of community service order) is too unreasonable.

2. Each of the crimes of this case in the judgment of the court below is an contingent crime committed by the defendant, that the defendant reflects the wrong, that the defendant agreed to the victim of the crime of destruction of property, that the police officer of the crime of interference with the performance of official duties, that the defendant was punished by a fine on two occasions in 2018, and that the crime was committed mainly on the same day. However, the case where the above two times of fines was punished was committed on the same day, the social relation between the defendant and the risk of repeating the crime seems to exist clearly, and all of the sentencing conditions shown in the argument of this case, such as the defendant's age, sex, environment, motive and means of the crime, circumstances after the crime, etc., are considered to be unfair because the punishment of the court below is too excessive.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the selection of fines for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;