The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.

2. The Defendant has the following disadvantageous circumstances:

Even in 2011, the defendant has been punished by a fine for obstruction of performance of official duties.

Although the Defendant attempted to take a drinking test for the accused who is suspected of driving alcohol according to lawful procedures and arrested a flagrant offender, the Defendant 20 to 30 minutes of the arrest of the victimized police officer, and interfered with the performance of official duties by assaulting one of them. In light of the contents of the crime, it is not good that the crime is committed.

However, there are the following favorable circumstances for the defendant.

The defendant has no record of criminal punishment exceeding the fine prior to the crime of this case.

The Defendant recognized each of the crimes in this case and reflected against himself.

In agreement with the damaged police officers when the defendant was in the trial, the damaged police officers want to take the seat of the defendant.

The extent of assault used by the defendant to a victimized police officer is relatively much severe.

In light of the sentencing conditions as shown in the argument of this case, including the conditions favorable to the defendant as seen earlier, the sentence imposed by the court below was changed in the trial, resulting in the change of sentencing conditions, so far as it was unfair.

Therefore, the defendant's above assertion is justified.

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.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

1. Relevant Act on criminal facts is amended by Act No. 15530, Mar. 27, 2018.