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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

2. The crime of this case, even though the defendant had been punished several times due to the crime of assault, insult, obstruction of performance of official duties, etc., was committed by the defendant, and in other words, under drinking alcohol, he did not cause violence to a taxi engineer, or took a sponsor, or spread a serious bath to a sponser police officer performing official duties, and thus, the crime of this case is not somewhat weak and is likely to cause the risk of recidivism in light of drinking habits or power, and thus, it is necessary to choose imprisonment with prison labor to the defendant for a severe warning for the prevention of recidivism.

However, the defendant has agreed with some victims and has been detained, and the defendant has been able to refrain from drinking for her married couple. Above all, as a result of the sentencing hearing in the court of first instance, the previous wife who has been divorced from the defendant expressed his intention that "I want to make a large number of married children who are the sixth grade of elementary school," and the defendant's employer, Y is seeking the defendant's preference to the defendant while "Y is a matter of drinking, and is in good faith to the company's business," and all of the defendant's employer are seeking action against the defendant. The above defendant's will, family's love and the employer's active interest are likely to improve the defendant's wrong drinking habits, and there is a need to give the opportunity, and other conditions of sentencing as shown in the records, such as the defendant's character, behavior, environment, etc., it seems that the judgment of the court below that sentenced the defendant's punishment is too 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 evidence admitted by the court is the same as that of the judgment below.