The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than five months and a fine not exceeding one hundred thousand won.

The above fine shall be imposed on the defendant.

Summary of Grounds for Appeal

The punishment (two months of imprisonment and one hundred thousand won of fine) imposed on the defendant by the court below is too unreasonable.

2. In light of the judgment, the Defendant was subject to criminal punishment several times for the same kind of crime, and the Defendant was not aware of having committed the instant crime even during the period of repeated crime, and the Defendant appeared to have never been able to have been able to be able to criticize and criticism, etc., is disadvantageous to the Defendant.

However, the court below's punishment seems to be somewhat inappropriate in full view of all the sentencing conditions shown in the arguments of this case, including the defendant's age, environment, motive for the crime, means and result of the crime, circumstances after the crime, and change of circumstances after the sentence of the court below.

Therefore, the defendant's argument is justified.

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

[Discied reasoning of the judgment below] 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 below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Determination of a fine for the crime of obstruction of performance of official duties under Article 136(1) of the Criminal Act and Article 3(1)39 of the Punishment of Minor Offenses Act as to the crime of obstruction of performance of official duties as to the crime of violation of the Punishment of Minor Offenses Act

1. Article 35 of the Criminal Act among repeated crimes;

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. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.