The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is that the defendant was called up by the police officer by leaving the taxi engineer immediately at night, and the defendant took a bath for the police officer called up, and attached the head and head of the scam and scams in the body. The level of the type of force used by the defendant is not easy.

Since police officers are taking charge of and performing their duties at risk, if they continue to engage in minor punishment solely on the ground that they committed any contingent crime under the influence of alcohol, they may cause a misunderstanding perceptions about the crime of obstruction of performance of official duties by the general public, and the police officers may cause the occurrence of force before the crime.

In full view of these circumstances, the sentence imposed by the court below is too unfortunate and unfair.

2. The crime of this case by the defendant is not likely to obstruct the performance of duties by the police officer due to the use of her scuck, scuck, and scucks by the police officer dispatched upon receipt of the report.

On the other hand, the defendant was subject to death by the victim police officer, and 50,000 won was paid from the trial to the account of the victim police officer.

In addition, considering the circumstances favorable or unfavorable to the defendant and the defendant's age, family relation, character and conduct, career, environment, circumstances after the crime, criminal records, and all the sentencing circumstances shown in the records and arguments of this case, the sentence imposed by the court below is deemed unfair, since it is judged that the sentence imposed by the court below is unreasonable. Thus, the argument of unfair sentencing is justified

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 136 of the Criminal Act concerning the crime