A defendant shall be punished by imprisonment with prison labor for four months.

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

A. The sentence of the lower court (six months of imprisonment, two years of suspended execution, protection observation, community service work hours of 120 hours) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the accused has a majority of criminal records of the same kind, and that it is necessary to punish the accused with strict punishment for obstructing the performance of official duties in order to establish a national legal order and eradicate the general public power.

On the other hand, the following conditions are favorable.

The defendant recognizes his mistake and reflects his fault.

For the first time, the defendant agreed with the victim.

The damage caused by the crime of this case is significantly minor.

The defendant's same force is before 2010.

In addition, if a comprehensive consideration of various sentencing conditions specified in the records and arguments of the instant case, such as the background of the instant crime, circumstances after the instant crime, the age of the Defendant, sexual conduct, environment, etc., the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s assertion is reasonable, and the Prosecutor’s assertion is without merit.

3. As such, the Defendant’s appeal is with merit, and the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the judgment is rendered again through pleading as follows ( long as the lower judgment was accepted by the Defendant’s appeal and the lower judgment was reversed, the Prosecutor’s appeal is not dismissed separately). The facts constituting an offense and the summary of evidence and the summary of evidence are as indicated in each corresponding column of the lower judgment, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 260 (1) of the Criminal Act (the point of assault, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties and the choice of imprisonment) of the relevant Act on criminal facts;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection.