The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The defendant does not pay the above fine.

1. The sentence of the lower court (one year of imprisonment, three years of suspended execution, observation of protection, and 40 hours of alcohol treatment lectures) is too unreasonable, which is the gist of the grounds for appeal.

2. Circumstances unfavorable to the defendant are as follows.

There is a need to strictly punish the obstruction of the performance of official duties for the establishment of public authority and the protection of legal order.

The defendant was unable to reach an agreement with the victim, and the victim is punished for the defendant.

Circumstances favorable to the defendant shall be as follows:

The defendant is led to confession and is against the law.

The Defendant appears to have committed the instant crime under the influence of alcohol.

The defendant has been punished for violence-related crimes in six months of imprisonment with prison labor due to interference with the execution of official duties on January 10, 2003.

Although the defendant temporarily duplicatedly assaulted the victim, the defendant did not injure the victim due to the assault by the defendant.

The defendant seems to have made efforts to find the victim and sacrificing him.

At present, the defendant is currently in the military.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the sentence of the lower court is too unreasonable.

Defendant’s assertion is with merit.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.