A defendant shall be punished by imprisonment for four months.

2. The crime of this case is judged as follows: (a) the Defendant, while under the influence of alcohol without permission, took a bath to a police officer who was dispatched after receiving 112 report; and (b) the police officer’s body was pushed away; and (c) the nature of the crime is not good.

The defendant committed the crime of this case again even though he was under suspension of execution due to the same crime.

However, the defendant recognized his mistake and had the time to reflect by living in custody for more than three months.

The degree of obstruction of performance of official duties due to the instant crime cannot be seen as significant.

In addition, the defendant has a disability of the fourth degree of visual disability.

In full view of these circumstances and the Defendant’s age, character and conduct, environment, health condition, the background and consequence of the instant crime, and all the sentencing conditions as shown in the instant argument, including the circumstances after the crime, etc., the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The punishment shall be determined as per the order, comprehensively taking into account the pertinent Article of the Criminal Act, Article 136(1) of the Criminal Act, and various sentencing factors prior to the reason for sentencing the choice of imprisonment, prior to the sentencing.