The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. The crime of this case, which was committed on July 2, 201, committed by the Defendant upon receiving a report of 112, and the nature of the crime is not less than that of the crime, and the Defendant was sentenced to five years of imprisonment for rape, etc. at the Jung-gu District Court on July 22, 201, and the execution of the sentence was completed on October 11, 2015, and is not only during the repeated crime period, but also during the period of repeated crime on July 14, 2016, which was committed on July 14, 2016 by the violation of the Road Traffic Act in the Suwon District Court of Suwon, which was sentenced to two years of suspension of the execution of six months of imprisonment, and was committed without care during the period of the suspension of the execution of the sentence.

However, in light of the following circumstances: (a) the Defendant recognized the instant crime and divided the Defendant’s mistake; (b) the degree of assault by the Defendant appears to be relatively insignificant; (c) the relevant police officer submitted a written agreement at the time of the trial; (d) the Defendant did not have any record of punishment as an offense obstructing the performance of official duties against public officials; and (e) other various circumstances, which are the conditions for sentencing as indicated in the record, such as the Defendant’s age, sex, sex, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, are considered to be too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the judgment below is reversed and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Determination of the sentence like the order shall be made by taking into account all the circumstances that serve as the condition for sentencing prior to the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes.