A defendant shall be punished by imprisonment for six months.

가. 사실오인 공무집행방해와 관련하여, 피고인이 스스로 지구대로 가겠다고 했음에도 경찰관 E 등이 피고인의 팔을 꺽고 머리를 밟으면서 피고인을 체포하려 하였고, 이에 피고인이 몸부림을 치는 과정에서 경찰관 E과 부딪힌 것일 뿐이다.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the records, a thorough examination of the judgment of the court below on the assertion of misunderstanding of facts is justified, and there is no finding of facts as alleged by the defendant, and there is no finding of illegality in the misconception of facts as alleged by the defendant.

Therefore, this part of the defendant's assertion is without merit.

B. As to the assertion of unfair sentencing, the defendant, in the military administration, damaged the glass of the consignee, who is a public object, and assaulted the police officer dispatched. The defendant's argument that the crime is very poor, and that there is a need to punish the police officer with severe penalty corresponding thereto in order to establish a legitimate public authority, etc., which is disadvantageous to the defendant, or that the defendant shows an attitude against the defendant when he partially recognized his mistake and is detained for three months, that he compensates for the damage to the damaged public object, that there is no record of punishment, and that there is no record of punishment for the same criminal act, and that there are other various circumstances that form the conditions for the argument and the sentencing specified in the record of the instant case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the defendant's punishment is somewhat unreasonable. Thus, the defendant's argument has merit.

3. In conclusion, 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 with merit, and the following judgment is rendered again after pleading.

Criminal facts

The substance of the evidence and facts charged by the court.