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 gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is unreasonable.

2. Despite the fact that the defendant had been punished several times as a crime of the same kind of violence, if he insults a police officer in a district and disturbs public order, he/she should be punished corresponding to it.

However, considering the fact that the Defendant led to the confession and repent of the crime, and the crime in this case committed contingently in the control of cigarette butts, and that it did not proceed to the booming act, and that it did not proceed to the act of assault. In addition, considering all of the circumstances of the crime in this case, including the background of the crime, the circumstances after the crime, the health conditions of the Defendant, and the environment, the sentence of the lower court is unreasonable.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 311 of the Criminal Act and Selection of Punishment for the Crime. Article 311 (Selection of Fine)

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