The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant, even though he had been already punished several times as a crime of obstruction of performance of official duties, is an attack against a uniform police officer without any reason in the state of detention, and thus, the nature of the crime is not weak, and in addition, considering the defendant's power, drinking habits, potential violent inclinations or personality and conduct as above, it is necessary to strictly punish the defendant in order to prevent recidivism.

However, in light of the circumstances such as the defendant's support for the father of 93 years old after divorce in 2003, he seems to depend on alcohol in order to resolve the seliness. However, since he was unable to control his own alcohol differently from his usual book, he appears to have expressed an aggressive tendency as he was expressed, and his depth reflects the seriousness of alcohol addiction during the period of detention, and thus, the defendant's punishment for the defendant seems to be somewhat unreasonable, taking into account the circumstances such as the need to provide an opportunity.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Suspension of execution under Article 62(1) of the Criminal Act (The above "Grounds for Destruction" in light of the favorable circumstances)

1. Article 62-2 of the Criminal Act, Article 59 of the Probation Act provides that the risk of re-offending is completely eliminated because the defendant's alcohol dependence is high, so it is difficult to view that the risk of re-offending has been completely eliminated.