Defendant shall be punished by imprisonment for a term of one year and six months.

1. Summary of grounds for appeal;

The sentence of the court below is unfair because it is too unhued.

2. Determination.

Defendant recognized the commission of a crime, and the fact that the mistake is divided, and that it is purely different under the influence of alcohol.

The victim is deemed to have lost and come to commit the crime of this case, and the victim is punished for the defendant.

The withdrawal is the circumstances favorable to the defendant.

However, the Defendant had a lot of records of having been sentenced to imprisonment or a fine due to violent crimes. The instant crime was committed by a police officer who was in uniform due to a shoulderer soldier before the police box, and the crime was committed in light of the object of the crime, the method of the crime, and the degree of injury, etc., it is very good that such crime was committed.

In light of the above, the Defendant’s act of attack with no reason against the police officer, thereby seriously damaging the function of the State relating to the public peace and order. Therefore, considering that the Defendant was under drinking, it is inevitable to sentence the Defendant to a sentence even when considering that the Defendant was under drinking.

In addition to these points, the lower court against the Defendant taking into account all the circumstances that conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime.

The type of punishment is deemed to be unfair because it is unhued.

3. Conclusion

Since the prosecutor's appeal is well-grounded, the judgment below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act

and after the pleading, the following judgments shall be rendered:

Criminal facts and summary of evidence

The summary of the facts constituting the crime recognized by this court and the summary of the evidence is the same as the previous column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

Articles 144(2) and (1), and 136(1) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The consideration of the favorable circumstances in the preceding);

1. Determination of sentence;

The sentence shall be sentenced to the maximum penalty within the range of the sentencing with discretionary mitigation.

Lee Young-chul

Maiosio