The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of five months.

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The degree of assault inflicted by the defendant is minor.

It is difficult to see that the Defendant committed the instant crime during the period of suspension of execution, and was committed for the same kind of criminal record during the period of suspension of execution, and that there is a need to strictly punish the crime of interference with the execution of official duties in order to establish the legal order of the State and eradicate the general public

On the other hand, it is favorable that the defendant deposited one million won for police officer E in this court, and that E does not want the punishment of the defendant.

In addition, when considering all the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc. as shown in the records and arguments of the instant case, and the scope of recommended punishment according to the sentencing guidelines, the lower court’s punishment is deemed unfair because it is too unreasonable.

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

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment 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 facts constituting an offense;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person in special sentencing) shall interfere with the performance of public duties;

2. Prior to the decision of sentence, the sentencing conditions in paragraph 2 above shall be taken into account and the sentence shall be determined as per the order.