A defendant shall be punished by imprisonment for not less than eight months.

2. In order to protect judgment and maintain a sound social order, the crime of obstruction of performance of official duties needs to be strict, and the Defendant has been punished several times due to the obstruction of performance of official duties or violent crimes, and even the instant crime constitutes a same repeated crime.

However, in light of the fact that the degree of the instant assault is relatively not more severe, that the Defendant deposited KRW 1.5 million for the victimized police officer in the trial, and that the Defendant appears to have an opportunity to reflect during the period of detention for about four months, and that the Defendant’s age, occupation, family relationship, health ( alcohol dependence, bipolartic disorder), and criminal records, the sentence imposed by the lower court is unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

[Discied Judgment] The criminal facts and summary of evidence against the defendant recognized by the court are the same as that of each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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