The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant’s crime of this case, when drinking alcohol and drinking a spaw, is found to be defective in notifying the Defendant as a crime of violation of the Punishment of Minor Offenses Act, and obstructed the police officer’s performance of official duties by spiting the face of the police officer, and by spawing the spawn, and obstructing the police officer’s performance.

However, in consideration of the fact that the defendant's mistake after the crime was committed, the defendant has an opportunity to reflect the defendant's misconduct through his life near the three months, the defendant has no same force except for a minor fine, and other various conditions of sentencing such as the defendant's age, sex, occupation, etc., the sentence imposed by the court below is somewhat heavy.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to that stated in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

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. Sentencing of Article 62(1) of the Criminal Act (referring to the following reasons for the above reversal)

1. Type 1 (Interference with the performance of official duties and coercion of duties) of the basic area (six months or one year or four months) of the sentencing guidelines: None of the special sentencing factors:

2. The decision of the sentence shall be made in the same manner as the order, taking into account these circumstances in the reasons for reversal of the sentence.