The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the details of the instant crime, the Defendant’s speech and behavior before and after the instant crime was committed, even though the Defendant was under the influence of alcohol at the time of the instant crime, it does not seem that the Defendant did not have the ability to discern things or make decisions, and thus, the Defendant’s mental and physical disorder allegation is without merit.

B. Circumstances unfavorable to the unfair argument of sentencing: The crime of this case is not good, such as making a false report to the police, and exercising assault against the police officer dispatched.

The degree of assault against a police officer is relatively minor.

There is no criminal conviction for the defendant.

The facts of the crime of this case are recognized by the defendant, and the defendant shows his attitude to reflect it when he is detained for about two months.

In light of the above unfavorable circumstances, the Defendant’s age and character intelligence environment including favorable circumstances, motive and consequence of the commission of the crime, and circumstances after the commission of the crime, etc., as well as all the sentencing conditions and the scope of the recommended punishment according to the sentencing guidelines [the types] set forth in the arguments and records of the instant case, and the scope of the recommended punishment [the scope of the recommended punishment] [the scope of the mitigated sentence] (one month to eight months from imprisonment] (the special mitigated person] (the degree of violence, intimidation, deceptive scheme, or interference with public duties, it is recognized that the sentence imposed by the lower court is too unreasonable.

3. As the appeal by the defendant is well-grounded, it is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

【Re-use.】