A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

A. The sentence imposed by the prosecutor (five million won in penalty) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. We examine the judgment and the defendant's arguments together.

It is recognized that the defendant recognized the crime of this case and reflects it, and that the extent of the type used by the defendant is not much serious.

However, the crime of this case is committed against a police officer in the course of performing duties concerning the arrest of a flagrant offender after receiving a report from 112 by the defendant, and is committed against the above police officer, and the nature of the crime is bad.

Defendant has a number of criminal records, including punishment imposed for violent crimes.

In full view of the above circumstances and all the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive and background of the crime, the degree of damage and result of the crime, and the circumstances after the crime, the punishment sentenced by the court below is too unfeasible and unfair.

Therefore, the prosecutor's improper argument of sentencing is accepted, and the defendant's improper argument of sentencing is not accepted.

3. If so, the prosecutor’s appeal is reasonable, and thus, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant’s appeal is again decided as follows after pleading ( there is no ground for appeal by the defendant, but so long as the judgment of the court below is reversed by accepting the prosecutor’s appeal, the defendant’s appeal shall not be dismissed separately from the order). [Judgment used again] Criminal facts and summary of evidence recognized by the court and summary of evidence are the same as stated in each corresponding column of the judgment of the court below, and thus, it shall be quoted

Application of Statutes

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

1. This paper deals with the argument of unfair sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act, as to the suspended sentence.