The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable;

2. The crime of this case is recognized that the Defendant committed an injury by assaulting a public official on duty without any special reason while avoiding disturbance at a public office, and without any special reason, and that the nature of the crime is grave, and that the injury suffered by the victim is not minor.

However, in light of the fact that the Defendant recognized the instant crime, the Defendant did not have any history of punishment exceeding the fine, the victim did not want the punishment against the Defendant by mutual consent with the victim F, and other circumstances of sentencing as shown in the records and arguments, such as the Defendant’s age, character and conduct, environment, the circumstances, motive, means and consequence leading to the instant crime, and the circumstances after the crime, it is deemed unfair that the lower court’s punishment is too unreasonable.

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 the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the relevant Criminal Act, and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment on which the punishment is heavier than that of an injury);

1. Selection of imprisonment or imprisonment with prison labor;

1. Article 62 (1) of the Act on Suspension of Execution (The normal consideration in favor of the provisions of paragraph (2));

1. Article 62-2 of the Probation Criminal Act;