A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. In light of the background, method, and consequence, etc. of the instant crime, it is necessary to punish the Defendant with severe punishment in light of the following: (a) the victim, who is a police officer upon receiving a report of judgment and exercising a legitimate public authority, takes a bath without any special reason; and (b) the victim’s commission of the instant crime in light of the victim’s circumstances, method, and consequence, etc.

However, the court below's punishment is too unreasonable when comprehensively considering various sentencing factors in this case, such as the defendant's age, character and behavior, occupation and family environment, background and result of the crime, etc., as well as the situation after the crime, etc., that the defendant led to the confession of the crime as a primary crime with no criminal history, the degree of injury suffered by the victim, the deposit of 2 million won after the judgment of the court below, and the victim did not want to punish the defendant.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Reasons for the decision to see] 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, it is citing it as it is in accordance

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Social service order under Article 62-2 of the Criminal Act;