The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

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 (amounting to 1.5 million won) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, prior to the judgment on the grounds for appeal by authority, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing the performance of official duties at the Daejeon District Court on October 26, 2016, and the above judgment became final and conclusive on January 26, 2017. The above crime and the crime in the judgment of the court below, for which judgment became final and conclusive, are in a concurrent relationship with each other after Article 37 of the Criminal Act, and a punishment for the crime in the judgment of the court below is determined in consideration of equity and cases where a judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair 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 evidence admitted by this court was sentenced to eight months of imprisonment by the Daejeon District Court on October 26, 2016, and the judgment was finalized on January 26, 2017.

In addition to adding “1. Date of confirmation and sentence” to the summary of the evidence, it is identical to the corresponding column of the judgment of the court below, and thus, it is also quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 350 of the Criminal Act applicable to the crime, Article 350 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, recognized and reflected the instant crime. The amount of damage in this case is minor, and the Defendant agreed with the victim at the investigation stage.

The instant crime has become final and conclusive.